Allowed¶30

B.Subhashini v. State of Tamilnadu

Madras HC24 Feb 2026REV.APLC(MD)/16/2026

Case brief

AI extract

What is this about?

Madras High Court Madurai Bench; Rev.Apl.C(MD)No.16 of 2026 in W.A.(MD)No.871 of 2011; review application maintainability before same Bench; Order XLVII Rules 1 and 2 CPC; Section 114 CPC; police Sub-Inspector; deserter; unauthorized absence; removal from service; reinstatement; W.P.(MD)No.10189 of 2005; forgo backwages; forgo promotion; misconstrued statement; Paragraph 6 modified; promotion entitlement; B.Subhashini; G.R.Swaminathan; R.Kalaimathi; 24.02.2026.

What did the court decide?

Review application allowed; Paragraph No.6 of the judgment dated 15.11.2018 in W.A.(MD)No.871 of 2011 modified, making clear that the writ petitioner is entitled to promotion; no costs. ¶30

B.Subhashini Vs State of Tamilnadu — Madras HC (2026) — LawSathi Research

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Rev.Apl.C(MD)No.16 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 24.02.2026

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

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Rev.Apl.C.(MD)No.16 of 2026 in W.A.(MD)No.871 of 2011

B.Subhashini

... Petitioner

1.State of Tamilnadu, Rep. by Secretary to Government, Police Department, Fort St. George, Chennai-600 009.

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2.The Director General of Police, Chennai - 600 004.

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3.The Additional Director General of Police, (Law and Order), Chennai-600 004.

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4.The Commissioner of Police, Madurai City, Madurai. ... Respondents

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Prayer: Review Application is filed under Order XLVII, Rules 1 and 2 of the Civil Procedure Code r/w. Section 114 of Civil Procedure Code, to review the order made in W.A.(MD)No.871 of 2011 dated 15.11.2018 passed by this Court.

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https://www.mhc.tn.gov.in/judis

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Rev.Apl.C(MD)No.16 of 2026

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For Petitioner : Mr.R.L.Dhilipan Pandian For Respondent : Mr.S.S.Shaji Bino, Spl. Government Pleader for R1 & R2. Mr.Gnanasekaran, Govt. Advocate (Crl. Side) for R3 & R4.

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O R D E R (By G.R.SWAMINATHAN, J.)

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Heard both sides.

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2.The writ petitioner has filed this review application to review a part of the order dated 15.11.2018 made in W.A.(MD)No.871 of 2011. The writ appeal was filed by the State questioning the order passed by the learned Single Judge allowing the writ petition filed by the review applicant. The review applicant joined the police department as Sub Inspector of Police on 16.04.1999. She was unauthorizedly absent from 23.01.2004. She was declared as a deserter. Disciplinary proceedings were initiated. Later, she was removed from service. Questioning the same, the review applicant filed W.P.(MD)No.10189 of 2005. The writ petition was allowed vide order dated 03.12.2010 and the writ petitioner was ordered to be reinstated. Challenging the same, the State filed writ appeal. Before us, the review applicant submitted that she would forgo her claim for backwages. We recorded the same. We had further

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https://www.mhc.tn.gov.in/judis

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Rev.Apl.C(MD)No.16 of 2026

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recorded that the writ petitioner had also stated that she would forgo her

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claim for further promotion. The review applicant on the last occasion submitted that her statement was misconstrued by us and that she never

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gave up her claim for promotion. It is well settled that a review application is maintainable before the very same Bench which recorded her statement.

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3.It is relevant to note that the order partly allowing the writ appeal was passed by one of us (Mr.Justice G.R.Swaminathan). On the last occasion, when we condoned the delay, we had recorded that we are inclined to accept the explanation put forth by the review applicant. Therefore, Paragraph No.6 of the judgment dated 15.11.2018 made in W.A.(MD)No.871 of 2011 is modified. We make it clear that the writ

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petitioner will be entitled to promotion.

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4.This review application is allowed on these terms. No costs.

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(G.R.S. J.,) & (R.K.M. J.,) 24.02.2026

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NCC : Yes/No Index : Yes / No Internet : Yes/ No ias

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https://www.mhc.tn.gov.in/judis