State Of Tamil Nadu v. Esakkimuthu C

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P.(MD)No.13759 of 2025 1.State of Tamil Nadu, Rep. by its Principal Secretary, Department of School Education, Fort St. George, Chennai - 600 006.

2.The Commissioner of School Education, DPI Campus, Chennai - 5.

3.The Chief Educational Officer, O/o.the Chief Educational Officer, 4.The District Educational Officer, O/o. the District Educational Officer, Tiruchendur, Thoothukudi District.

... Review Applicants / Appellants -vs1.C.Esakkimuthu

2.S.Shunmugasundara Nadar Higher Secondary School, Rep. by its Secretary, Authoor - 628 151, ... Respondents / Respondents PRAYER: Review Application filed under Order XLVII Rules 1 and 2 read with Section 114 of C.P.C., to review the judgment dated 21.09.2023, made in W.A. (MD)No.1557 of 2023.

For Review Applicants : Mr.J.Ashok Additional Government Pleader

ORDER

The Review Application has been filed seeking to review the judgment in W.A.(MD)No.1557 of 2023, dated 21.09.2023. By the said judgment, it was held that the principles laid down in the case of Secretary to Government and others vs. Iruthaya Amali and another1 , could not be applied to the facts and circumstances of the present case, as the case related to a period prior to the delivery of the said judgment.

2. The Review Application has been filed on the ground that this Court ought not to have declared that the said principle would be applicable only 1 (2021) SCC OnLine Mad 1285 : (2021) 1 HCC (Mad) 713

prospectively. However, the judgment of another Division Bench of this Court in The District Educational Officer (Elementary Education), Kovilpatti and another vs. A.Hepsiba Beula and another2 has now been placed on record. In the said judgment, once again, by advancing the very same proposition, the authorities were unsuccessful, and the Division Bench affirmed the very same view taken in the present writ appeal.

3. In view of the above, finding no merit in the grounds raised in the Review Application, the Review Application stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. [N.S.K., J.] [D.B.C., J.] 06.03.2026 smn2 To:- 1.The Principal Secretary, Department of School Education, Fort St. George, Chennai - 600 006.

2. 2026 : MHC : 143

2.The Commissioner of School Education, DPI Campus, Chennai - 5.

3.The Chief Educational Officer, O/o.the Chief Educational Officer, 4.The District Educational Officer, O/o. the District Educational Officer, Tiruchendur, Thoothukudi District.

N.SATHISH KUMAR, J.

and D.BHARATHA CHAKRAVARTHY , J.

smn2 06.03.2026