N.Nagasivam v. Executive Officer

1 REV.APLC(MD)NO.198 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MRS.JUSTICE R.KALAIMATHI REV.APLC.(MD)No.198 of 2025 IN W.A.(MD)No.620 of 2022 N.Nagasivam ... Petitioner / Party in person Vs.

1. The Executive Officer, Town Panchayat Office, Batlagundu - 624 202.

2. The Assistant Director of Town Panchayat Office, Assistant Director of Town Panchayat Office, (Collector Office), Dindigul - 624 004.

3. The Director, Directorate of Town Panchayat, Urban Administrative Building, 75, Santhome High Road, R.A.Puram, Chennai - 28.

4. The District Collector, Collector Office, Dindigul District - 624 004.

... Respondents 1/7

2 REV.APLC(MD)NO.198 OF 2025 Prayer: Review application filed under Section 47 Rule 1 & 2 of CPC., r/w. Section 114 CPC, to review the order dated 02.12.2022 made in W.A.(MD)No.620 of 2022.

For Appellant : Mr.N.Nagasivam, Party in Person.

For Respondents : Mr.M.Siddharthan, Additional Government Pleader.

* * *

J U D G M E N T

This review application has been filed for reviewing the order dated 02.12.2022 passed by the Hon'ble Division Bench dismissing W.A.(MD)No.620 of 2022 filed by the review applicant herein.

2. The said writ appeal was directed against the order dated 01.03.2022 in W.P.(MD)No.7088 of 2021. The review applicant herein filed the writ petition assailing the communication dated 07.01.2020 issued by the Executive Officer of the Town Panchayat Office, Batlagundu. The events leading to the filing of this review application are as follows:- One Nagendran was employed as Sweeper in Batlagundu Town 2/7

3 REV.APLC(MD)NO.198 OF 2025 Panchayat Office. He passed away on 19.11.2017 and the review applicant sought appointment on compassionate grounds as Sweeper. The review applicant furnished all the requisite documents including the integrated certificate before the employer. The employer took note of the fact that the writ petitioner's mother Nagoorammal was also employed as Sweeper in the very same local body and that the review applicant had fraudulently obtained integrated certificate from the jurisdictional Tahsildar and he did not accept the request of the review applicant. The communication dated 07.01.2020 passed by the first respondent was put to challenge in the writ petition. The learned single Judge dismissed the writ petition and the order of the learned single Judge was sustained by the Hon'ble Division Bench.

3. The question that calls for consideration is whether the order earlier passed warrants review.

4. Heard the review applicant in person and the learned Additional Government Pleader appearing for the respondents. 3/7

4 REV.APLC(MD)NO.198 OF 2025

5. It is true that the writ petitioner's mother Nagoorammal also was employed as Sweeper in the very same local body. The specific stand of the review applicant is that his father and mother were residing separately. He pointed out that while his father was residing in Perumal Kovil Street, Batlagundu, his mother Nagoorammal was residing in Sweepers' Colony. Our attention is drawn to Clause (iv) of G.O.(Ms)No.18 Labour and Employment (Q1) Department dated 23.01.2020 which reads as follows:- "If any person, in the deceased Government Servant's family was employed even before the death of the Government servant but was living separately without extending any help to the family, then the case of other eligible dependant will be considered."

6. The specific stand of the review applicant is that Nagoorammal did not extend support for the family and that is why, the jurisdictional Tahsildar had issued the integrated certificate, copy of which has been enclosed in the typed set of papers. When the Tahsildar is the authority competent to issue the integrated certificate, the Executive Officer of the Town Panchayat could not 4/7

5 REV.APLC(MD)NO.198 OF 2025 have gone into the correctness of it. When the certificate issued by the competent authority was genuine, further enquiry was not really warranted. The Executive Officer could not have gone into the correctness of the certificate that was issued by the competent authority. The review applicant belongs to Scheduled Caste community(Kuravan). His father was also working only as Sweeper which is the last grade employment. The social background of the review applicant cannot be lost sight of. All these aspects that appear on the face of the record were not taken note of. This review application is allowed. No costs.

(G.R.SWAMINATHAN, J.) & (R.KALAIMATHI, J.) 16th December 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 5/7

6 REV.APLC(MD)NO.198 OF 2025 To:

1. The Executive Officer, Town Panchayat Office, Batlagundu - 624 202.

2. The Assistant Director of Town Panchayat Office, Assistant Director of Town Panchayat Office, (Collector Office), Dindigul - 624 004.

3. The Director, Directorate of Town Panchayat, Urban Administrative Building, 75, Santhome High Road, R.A.Puram, Chennai - 28.

4. The District Collector, Collector Office, Dindigul District - 624 004.

6/7

7 REV.APLC(MD)NO.198 OF 2025 G.R.SWAMINATHAN, J.

AND R.KALAIMATHI, J.

PMU REV.APLC.(MD)No.198 of 2025 IN W.A.(MD)No.620 of 2022 16.12.2025 7/7