Review petition dismissed. The Court held that earlier orders establishing Government Order applicability to only Panchayat school teachers had reached finality via separate review applications, and no error existed in the impugned order warranting review.
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.
Review Petition No.87 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.12.2024
CORAM:
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN AND THE HON'BLE MR. JUSTICE K.K. RAMAKRISHNAN
Review APLC(MD)No.87 of 2024
R.Dharmaraj
... Petitioner
Vs.
Prayer: Review Petition filed under Section 114 of Civil Procedure Code to review the order passed by this Hon'ble Court in W.A.(MD). No. 701 of 2017 dated 05.03.2024 and pass orders.
For Petitioner : Mr.T.A. Benezer
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O R D E R
The present Review Petition has been filed to review the order passed in W.A.(MD). No. 701 of 2017 dated 05.03.2024.
2.The case of the petitioner is as follows:-
(i) The petitioner has filed W.P.(MD).No.10987 of 2010 wherein, the
petitioner has sought for a direction to the respondents to accord selection grade or special grade in the post of Head Master of elementary School by counting entire service rendered in the post of Secondary Grade Teacher prior to 01.06.1988 with all the consequetial benefits including payment of arrears and allowances and re-fixation. The said writ petition was allowed by this Court vide order dated 25.11.2014 and the respondents are directed to accord selection grade and Special Grade in the post of Head Master of Elementary School.
(ii) Challenging the same the Respondents in W.P.(MD).No.10987 of 2010 filed writ appeal and the same was allowed. Aggrieved over the same the petitioner has come up with this Review petition.
Government Orders is applicable to the Aided School teachers also. He
https://www.mhc.tn.gov.in/judis further submitted that there is no clause in the relevant Government orders 2/6
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as the same is applicable only the Panchayat School Teachers. Hence prays to allow this Review petition.
to them. The learned single Judge of this Court dismissed the batch of writ https://www.mhc.tn.gov.in/judis
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petitions. The said decision was challenged by the writ petitioners before the Division Bench of this Court in W.A.(MD)Nos. 914 to 925 of 2011 and the Division Bench of this Court allowed the writ appeals. Challenging the same, the State Government has filed Review Applications before the Division Bench of this Court in Rev.Appln.(MD).Nos 90 to 95. The Division Bench of this Court allowed the the Review Application stating that G.O.(Ms.) No.210, School Education (G-1) Department, dated 14.08.2009 and G.O(Ms.)No.234, School Education(G2) Department, dated 10.09.2009 are applicable to the Panchayat School Teachers alone and not to the Teachers, who served in the Aided Schools are not eligible.
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find any reason to entertain the present Review Application. Accordingly, the Review Petition is dismissed.
[V.B.S.J] [K.K.R.K.J]
Index:Yes/No Internet:Yes/No Speaking / Nonspeaking order smn
To
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Review Petition No.87 of 2024
V.BHAVANI SUBBAROYAN ,J. and K.K. RAMAKRISHNAN, J.
smn
Review APLC(MD)No.87 of 2024
05.12.2024
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2 issues framed by the court
Whether the Government Orders applicable to Panchayat School Teachers extend to teachers in Aided Schools.
Whether an error apparent on the face of the order justifies entertaining a review petition.
R. Dharmaraj
Principal Secretary to Government
Director of Elementary Education
District Elementary Educational Officer
Additional Assistant Elementary Educational Officer
V. Bhavani Subbaroyan
K. K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
