Principal Secretary to Government, Commercial Taxes and Registration (A1) Department, Secretariat, Chennai v. Subramanian
2021-09-07
R.SURESH KUMAR
body2021
DigiLaw.ai
JUDGMENT : (Prayer: Review Application filed under Order 47, Rules 1 and 2 of Civil Procedure Code read with Section 114 of Civil Procedure Code, to review the order passed in W.P.(MD).No.7658 of 2020, dated 17.08.2020.) 1. This Review Petition has been filed by the official respondents in W.P.(MD).No.7658 of 2020, as against the Order in the said Writ Petition, dated 17.08.2020. 2. In the said Writ petition, the prayer sought for by the Writ petitioner is for a Writ of Mandamus, directing the second respondent to consider the petitioner, that is, the writ petitioner, for promotion to the post of Commercial Tax Officer, as on 01.03.2014, without reference to the subsequent Charge Memo, dated 21.07.2016, which ended in the order of punishment of stoppage of increment for one year with cumulative effect, dated 26.09.2019, which was much after the crucial date. 3. The said Writ Petition was disposed of by Order, dated 17.08.2020, where this Court has passed the following order: “12. In that view of the matter, this Court is inclined to dispose of this writ petition with the following direction: “The respondents are hereby directed to consider the representation of the petitioner dated 16.09.2019 and pass orders thereon on merits by taking into account the aforesaid discussion made in this order and accordingly, pass necessary orders with regard to the claim of the petitioner for getting promotion to the post of Commercial Tax Officer from the year 2014/2015 and such endeavour shall be made and final order shall be passed within a period of 8 weeks from the date of receipt of a copy of this order. 13. With this direction, this writ petition is disposed of. No costs.” 4. The said Order is now sought to be reviewed by the petitioners herein, who are the official respondents in the main writ petition. 5. Heard Mr.R.Suresh Kumar, learned Government Advocate appearing for the petitioners herein, who would submit that, on the crucial date, the petitioner was placed under suspension, and in this regard, certain Government Orders are there, which, according to the Government Advocate, are against the petitioner therein for consideration of his promotion as directed by this Court. Therefore, on that ground, the learned Government Advocate wants to review the order, dated 17.08.2020. 6.
Therefore, on that ground, the learned Government Advocate wants to review the order, dated 17.08.2020. 6. I have considered the said submissions made by the learned Government Advocate appearing for the review petitioners and have perused the materials placed before this Court. 7. In the operative portion of the said order, dated 17.08.2020, made in W.P.(MD).No.7658 of 2020, this Court had given a direction to the respondents, that is, the review petitioners herein, to consider the representation of the petitioner, dated 16.09.2019, and pass orders thereon, on merits, by taking into account the discussion made in the Order. 8. Therefore, it is for the respondents in the writ petition, who are the review petitioners herein, to decide the representation of the petitioner, dated 16.09.2019, and while deciding the same, it is open to the review petitioners to take whatever the legal positions, which prevails on the issue as on the crucial date, in accordance with law, and accordingly, the decision shall be made by the review petitioners. 9. Therefore, the order of this Court, dated 17.08.2020, does not require any review as sought for by the petitioners in this review application. Hence, by making the aforesaid observation, this Court feel that this Review Petition can be dismissed and accordingly, it is dismissed. No Costs. Consequently, connected miscellaneous petition is closed.