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Madras High CourtREV.APLW/34/2020dismissed

S.Natarajan (Deceased) v. Union Of India,

2026-06-11Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice N.Senthilkumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-06-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR S.Natarajan (Died)

1. Rita Natarajan W/o S.Natarajan

2. N.Meena Angel D/o S.Natarajan

3. Signa Rina Glory D/o S.Natarajan

4. Minor N.Saianugreha represented by her mother and natural guardian Rita Natarajan W/o Late S.Natarajan (petitioners brought on record as LRs of deceased sole petitioner vide order dated 11.06.2026 in WMP No.8955 of 2026 SMSJ and NSJ) ..petitioners Vs

1. Union Of India, Rep. by its Secretary to Government (RAW),

2. The Additional Secretary, (Personnel), Cabinet Secretariat, Govt. of

3. The Joint Secretary (Personnel),

4. S.B.Shourie Retired Deputy Commissioner (RAW), Cabinet Secretariat, Govt. of India, Paryavaran

5. K.K.Gupta, Previously Dy. Secretary (Admn)., Retired Director - Admn., Cabinet Secretariat, Govt. of

6. The Registrar, Centrla Administrative Tribunal, High Court Building, High Court, Chennai-104 ..Respondents Prayer in REV.APLW No. 34 of 2020 : To Review the Order passed in WP No. 21810 of 2013 dated 31.01.2014.

For Petitioners :

Mr. Karthik Rajan For Respondents :

Mr.J.Madana Gopal Rao, SPC for R1 TO R4 , R6 - Tribunal (CAT)

Order (Order of the Court was made by S.M.Subramaniam J.) The present review petition has been instituted seeking review of the order of this Court dated 31.01.2014 in W.P.No.21810 of 2013. The review petition itself has been filed in the year 2015 and numbered in the year 2020.

2. Learned counsel for the review petitioners would mainly contend that the original review petitioner / deceased employee was removed from service. The Central Administrative Tribunal set aside the removal order and directed the respondents to reinstate him with backwages, against which Union of India preferred the writ petition. The High Court, while confirming the order of the Central Administrative Tribunal has not granted backwages, which is an error apparent and thus the review petition is to be ordered.

3. The high court while adjudicating the issues regarding removal and reinstatement order along with backwages passed by the Central Administrative Tribunal, made an elaborate finding. While confirming the order of the Central Administrative Tribunal, the High Court consciously had not granted backwages. Therefore, it cannot be construed as an error apparent and if at all the review petitioner claims backwages, an appeal should have been filed challenging the order passed by this Court in the writ

petition. Not granting backwages would not constitute a ground for reviewing the order passed by this Court, which is otherwise on merits, where findings are also given. That apart, the review petition is filed not to review the order in respect of reinstatement confirmed by the High Court but only seeking a further direction to grant backwages. The order cannot be reviewed in such a manner since the High Court has rejected the claim of the review petitioner for grant of backwages. Grounds of appeal cannot be considered in a review petition. Scope of review cannot be expanded for re-adjudication of issues on merits. If at all the claim of the review applicant for backwages is considered, the entire issues relating to his removal is to be considered on merits. Such an adjudication cannot be undertaken in the present review proceedings. Thus, the Review Petition is dismissed. No costs. (S.M.S.,J.) (N.S.,J.) 11-06-2026 Index: Yes/No 1⁄2 Speaking/Non-speaking order KST

To

1. Union Of India, Rep. by its Secretary to Government (RAW),

2. The Additional Secretary, (Personnel), Cabinet Secretariat, Govt. of

3. The Joint Secretary (Personnel), CGO Complex, Lodhi Road, New Delhi-110 003.

4. S.B.Shourie Retired Deputy Commissioner (RAW), Cabinet Secretariat, Govt. of India, Paryavaran

5. K.K.Gupta, Previously Dy. Secretary (Admn)., Retired Director - Admn., Cabinet Secretariat, Govt. of

6. The Registrar, Centrla Administrative Tribunal, High Court Building, High Court, Chennai-104

S.M.SUBRAMANIAM J.

AND N.SENTHILKUMAR J.

KST 11-06-2026