A review application was filed to modify a court observation regarding the appointing authority for pension irregularities. The court clarified that loss recovery remains open even if the appointing authority was the Block Development Officer instead of the District Collector.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Rev.Aplc.(Md) No.51 of 2023
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.09.2023
CORAM:
THE HONOURABLE MR JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI
REV.APLC.(MD)No.51 of 2023 and
C.M.P.(MD) No.9365 of 2023
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Rev.Aplc.(Md) No.51 of 2023
Tirunelveli District. ... Review Applicants/ Appellants/ Respondents
Vs.
P.Balasundaram ...Respondent/Respondent/ Writ Petitioner
Prayer : Review Application filed under Order 47 Rule 1 and 2 r/w. Section 114 r/w 151 of the Code of Civil Procedure Original to review the order made in WA(MD)No.495 of 2023 dated 24.04.2023 against the order dated 28.10.2022 made in WP(MD)No.24032 of 2018.
For Review Applicants : Mr.Veerakathiravan, Additional Advocate General, Assisted by Mr.J.K.Jayaseelan, Additional Government Pleader
O R D E R
(Judgment of the Court was made by R.SUBRAMANIAN, J. )
The only contention of the learned Additional Advocate General
is that the appointment was made by the Block Development Officer and not by the District Collector of Tirunelveli and therefore the observation at paragraph No.3 needs modification.
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Rev.Aplc.(Md) No.51 of 2023
2. It is made clear that it will be open to the Government to recover the loss from whoever is responsible for such irregular appointments and who had served in Tirunelveli District between 1987 and 2015 even under the Pension Rules.
3. With the above clarification this Review application is disdmissed . No costs. Consequently, the connected miscellaneous petition is closed.
(R.S.M.,J.) (L.V.G.,J.) 07.09.2023
dsa Index : Yes/ No Internet : Yes/ No Neutral Citation : Yes/ No Speaking order/Non-speaking order
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Rev.Aplc.(Md) No.51 of 2023
To
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Rev.Aplc.(Md) No.51 of 2023
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
dsa
REV.APLC.(MD)No.51 of 2023 and C.M.P.(MD) No.9365 of 2023
07.09.2023
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1 issue framed by the court
Whether the review observation regarding the authority of appointment requires modification.
The Director, Panchayat Union (Pension), Local Fund Audit Department, etc. et al.
P.Balasundaram
R.SUBRAMANIAN
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
