C.Selvakumar v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2023

CORAM:

THE HON'BLE MRS. JUSTICE J. NISHA BANU AND THE HON'BLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY in W.A.No.2185 of 2022 Dr.C.Selvakumar

...Petitioner/Appellant

Vs.

1) The State of Tamil Nadu, rep. by Principal Secretary to the Government, Medical and Family Welfare (A1) Department, Secretariat, Chennai 600 009

2) The Director of Medical Education, Directorate of Medical Education, Medical and Family Welfare Department, Chennai 600 010 ... Respondents/Respondents PRAYER: Review Application filed under Order XLVII Rule 1, read with Section 114 of Civil Procedure Code, to review the order passed in W.A.No.2185 of 2022 dated 23.09.2022 on the file of this Court. For Review Petitioner:

Mr.M.Ravi For Respondents : Mr.P.Anandakumar Government Advocate ******

O R D E R

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This review is filed aggrieved by the order, dated 23.09.2022 in W.A.No.2185 of 2022.

2. Mr.M.Ravi, the learned counsel for the review petitioner would submit that the order under review suffers from an error apparent on the face of the record in as much as the findings in paragraph no.4.1 would be erroneous in the teeth of the counter affidavit filed by the respondents that the relinquishent should relate to the year 2017 and therefore, he is now deprived of one more panel in the year 2020 also.

3. However, we are unable to accept the submissions of the learned counsel for the review petitioner.

4. In respect of the stand taken by the parties, an interpretation has been given in paragraph no.3.8 whereby it is not the date of relinquishment or the date on which the Government accepts the relinquishment, but the crucial date as provided in the Government Order which is to be taken into account and therefore, since the promotion which is claimed by the review petitioner falls within the previous period, it was held that the order of the learned Single Judge 2/4

was not erroneous in law.

5. In that view of the matter, if the petitioner is aggrieved by the said findings, an appeal cannot be in disguise of an review. Finding no grounds for the review, we dismiss this Review Application. No costs. (J.N.B., J.,) (D.B.C., J.,) 20.06.2023 Index : Yes / No Internet : Yes / No : Yes / No Speaking Order / Non-Speaking Order sts To:

1) The Principal Secretary to the Government, Medical and Family Welfare (A1) Department, Secretariat, Chennai 600 009

2) The Director of Medical Education, Directorate of Medical Education, Medical and Family Welfare Department, Chennai 600 010 3/4

J. NISHA BANU, J., and D.BHARATHA CHAKRAVARTHY, J., sts Order made in Dated:

20.06.2023 4/4