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Madras High CourtREV.APLC(MD)/145/2025dismissed

The Secretary v. Manorama

2025-07-28Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice K.K. Ramakrishnan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and C.M.P.(MD) No.12275 of 2025 The Secretary Sundarambal Middle School Keerathurai Madurai 625 001 ... Petitioner -vs1.Manorama 2.The District Elementary Educational Officer District Educational Office Madurai 3.The Additional Assistant Elementary Educational Officer Madurai South Zone Madurai 625 001 ... Respondents PRAYER: Review Application filed under Order XLVII, Rules 1 & 2 read with

Section 114 of the Code of Civil Procedure, against the judgment dated 11.03.2024 made in W.A.(MD) No.1537 of 2016.

For Petitioner :

Mr.M.Mohamed Zamil for M/s.Ajmal Associates For Respondents :

Mr.V.Om Prakash Government Advocate for R2 & R3

O R D E R

[Order of the Court was made by K.K.RAMAKRISHNAN, J.] This review petition has been filed seeking to review the judgment dated 11.03.2024 passed in W.A.(MD) No.1537 of 2016.

2. The third respondent, namely, the Secretary, Sundarambal Middle School, in the writ appeal, is the review petitioner herein. The first respondent herein preferred the above writ appeal.

3. The first respondent herein was holding the post of Secondary Grade Teacher in the review petitioner's School. There was a dispute between the said Teacher and the School Management. After retirement, the

pensionary benefits were not settled to the first respondent herein. This Court in the writ appeal considered the entire facts and the merits involved in the case on hand and issued a direction to the School Management to give all the service records of the first respondent to her and the first respondent was directed to submit all the relevant documents to the authorities concerned for the purpose of sanctioning of pensionary benefits.

4. There cannot be a delay in settling the pensionary benefits, since it is a livelihood of the Teacher after retirement. This Court took note of the facts and circumstances of the case and directed the School Management to furnish all the details to the first respondent enabling her to produce all the relevant documents to the authority concerned for the purpose of sanctioning of pensionary benefits. Learned counsel for the review petitioner - School is now attempting to re-adjudicate the merits, which is impermissible in the review petition. Therefore, this Court do not find any error apparent on the face of the records warranting interference of this Court to exercise the power of review.

5. Accordingly, this review petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[S.M.S., J.] [K.K.R.K., J.] 28.07.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Elementary Educational Officer, District Educational Office, Madurai.

2.The Additional Assistant Elementary Educational Officer, Madurai South Zone, Madurai 625 001.

S.M.SUBRAMANIAM, J.

and K.K.RAMAKRISHNAN , J.

krk and C.M.P.(MD) No.12275 of 2025 28.07.2025