Madras High Court
State Of Tamil Nadu vs Miss.M.Jegajothi on 10 August, 2016
Bench: K.K.Sasidharan, B.Gokuldas
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.08.2016
CORAM
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN
and
THE HONOURABLE MR.JUSTICE B.GOKULDAS
Review Application (MD)Nos.71 of 2016 and 72 of 2016
and
C.M.P.(MD)No.7608 of 2016
Review Application (MD)No.71 of 2016:
1.State of Tamil Nadu,
Rep. by its Secretary,
School Education Department,
Fort St. George,
Chennai-600 009.
2.The Director of School Education,
Chennai-600 006.
3.The Joint Director of School Education,
(Higher Secondary),
Chennai-600 006. : Petitioners
Vs.
1.Miss.M.Jegajothi.
2.National Girls Higher Secondary School,
Rep. by its Secretary,
Rasipuram, Salem-1. : Respondents
Review Application (MD)No.72 of 2016:
National Girls Higher Secondary School,
Rep. by its Secretary,
Rasipuram,
Salem. : Petitioner
Vs.
1.State of Tamil Nadu,
Rep. by its Secretary,
School Education Department,
Fort St. George,
Chennai-600 009.
2.The Director of School Education,
Chennai-600 006.
3.The Joint Director of School Education,
(Higher Secondary),
Chennai-600 006.
4.M.Jegajothi. : Respondents
Common Prayer: Review Applications are filed under Order 47 Rules 1 and 2 r/w
Section 114 of Code of Civil Procedure, to review the judgment passed in
W.A.(MD)No.793 of 2010, dated 30.06.2016.
!For Petitioners in
Review Application (MD)No.71 of 2016:
: Mr.M.Alagathevan,
Special Government Pleader
For Petitioner in
Review Application (MD)No.72 of 2016:
: Mr.R.Govindaraj
^For Respondent :
:COMMON ORDER
These two Review Applications, one at the instance of the State and another by the Management, are filed to review the judgment dated 30 June, 2016, in intra-court appeal in W.A.(MD)No.793 of 2010, allowing the Writ Appeal filed by Miss.M.Jegajothi and directing the Management to pay the arrears of salary and the Government to re-fix the pension treating the appellant in W.A.(MD)No.793 of 2010, as having been retired as a Headmistress of Higher Secondary School.
2. Heard the learned Special Government Pleader for the petitioners in Review Application (MD)No.71 of 2016 and the learned counsel for the petitioner in Review Application (MD)No.72 of 2016.
3. The Writ Appeal filed by Miss.M.Jegajothi was allowed by this Court by giving cogent reasons. The earlier statutory proceedings and the Writ Petitions were also considered to arrive at a finding that the appellant in W.A.(MD)No.793 of 2010 was treated unfairly by the petitioners.
4. The petitioners have raised certain grounds which are in the nature of appeal grounds. The petitioners wanted a re-hearing of the very Writ Appeal, which is not permissible under Order 47 Rules 1 and 2 of Code of Civil Procedure. None of the grounds would attract the review jurisdiction conferred on this Court specifically for correcting the errors apparent on the face of the record. We are, therefore, of the view that there is absolutely no merit in the Review Applications filed by the State as well as the Management.
5. The Review Applications are dismised without any liability to pay costs. Consequently, the connected miscellaneous petition is also dismissed.
To
1.The Secretary, State of Tamil Nadu, School Education Department, Fort St. George, Chennai-600 009.
2.The Director of School Education, Chennai-600 006.
3.The Joint Director of School Education, (Higher Secondary), Chennai-600 006..