Madras High Court

REV.APLW(MD)/175/2026 of THE SECRETARY TO GOVERNMENT Vs P.GANESAN on 16 October 2026

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REV.APLW(MD) No. 175 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 16-10-2026

CORAM

THE HON'BLE MR. JUSTICE N.DILIP KUMAR

REV.APLW(MD) No. 175 of 2026

CNR: {HCMD010049392021}

1. The Secretary to Government,

Government of Tamil Nadu,

Personnel and Administrative Reforms

Department,

Secretariat,

Chennai.

2. The Secretary to Government,

Government of Tamil Nadu,

Department of Labour and Employment,

Secretariat,

Chennai.

3. The Director of Employment and Training, Guindy, Chennai - 32

4. The Deputy Director,

Office of Director of Employment and Training, Guindy, Chennai - 32

5. The Principal,

Government Industrial Training Institute, Devakottai Road - 630 005

Sivagangai District.

..Petitioner(s)

Vs

1. P.Ganesan,

(Died)

2. S.Marithangam,

REV.APLW(MD) No. 175 of 2026

3. Merlin Hebsiba

(R-2 and R-3 are substituted vide court order dated 30.09.2026 in WMP(MD)No.21636/26 in REV.APLW(MD)No.175/26 by RPLJ)

..Respondent(s)

PRAYER: The Review Application is filed under Order 47 Rules 1 & 2

C.P.C., r/w, u/s 114 of CPC, review the Judgement and order dated 13.12.2019 passed in W.P.(MD) No.16689 of 2013 and further the pleased to modify it to the extent of setting aside the order and thus render justice.

For Petitioner(s):

Mr.J. Barathan,

AAG, asst. by

Mr.G.Sailendra Babu

Government Advocate (Civil Side)

For Respondent(s):

M/s.M.Mariavinola

For R2 & R3.

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ORDER

This review petition is filed on the sole premise that the original writ petitioner had given a representation on 18.09.2012 and that he agreed to comply with the recovery order pursuant to the refixation of the pay as per the instructions of the Accountant General. According to the learned Additional Advocate General, this undertaking letter, though pleaded in the counter affidavit, is not taken into consideration in the order sought to be reviewed.

2. A perusal of the order sought to be reviewed dated 13.12.2019 in

REV.APLW(MD) No. 175 of 2026 W.P. (MD)No.16689 of 2019, indicates that the impugned order before the writ Court dated 21.09.2012 passed by the Deputy Director, attached to the Office of the Director of Employment and Training was quashed on the ground that there is no misrepresentation on the part of the original petitioner; and that the original writ petitioner had already been allowed to retire on voluntary basis; and there is no employer-employee relationship; and Selection Grade was given to the petitioner in the post of Junior Assistant even in the year 2000; and he was allowed to retire from service in the post of storekeeper; and therefore, the impugned order dated 21.09.2012 cannot be sustained. If a pleading is made and if it is not argued before the writ Court, it would only mean that the said point was not pressed by the learned counsel for the respondent. Therefore, this cannot be a ground for review and I do not find any merit in the review petition. Accordingly, the review petition is dismissed. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No psa

REV.APLW(MD) No. 175 of 2026 To

1. The Secretary to Government, Government of Tamil Nadu, Personnel and Administrative Reforms Department, Secretariat, Chennai.

2. The Secretary to Government, Government of Tamil Nadu, Department of Labour and Employment, Secretariat, Chennai.

3. The Director of Employment and Training, Guindy, Chennai - 32

4. The Deputy Director, Office of Director of Employment and Training, Guindy, Chennai - 32

5. The Principal, Government Industrial Training Institute, Devakottai Road - 630 005 Sivagangai District.

REV.APLW(MD) No. 175 of 2026 N. DILIP KUMAR, J. psa REV.APLW(MD) No. 175 of 2026 16-10-2026

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