S VAIKUNDAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Review Application is filed seeking to review the order passed in W.P.No.43372 of 2006, dated 29.04.2009, permitting the petitioner to withdraw the writ petition filed challenging the order of termination dated 19.04.2009 passed against the petitioner. The said order dated 29.04.2009 was passed granting permission to the petitioner to withdraw the Writ Petition on the basis of the letter written by the learned counsel for the petitioner dated 24.04.2009, addressed to the Registrar Judicial. The contents of the said letter reads as follows:-

(2.) The learned counsel for the petitioner submits that in view of the withdrawal of the Writ Petition, the petitioner's request seeking regularisation is not being considered and therefore, the Writ Petition has to be necessarily argued on merits and by oversight, believing the words of the respondents, the petitioner has wrongly gave instruction to the learned counsel for the petitioner to withdraw the writ petition, based on which, the writ petition was withdrawn.

(3.) Taking note of the said circumstances and having regard to the fact that the termination order dated 19.04.1999 has to be gone into on merits and to give further relief, if any, to the petitioner, the Writ Petition has to be necessarily decided on merits. The order dated 29.04.2009 is recalled and the Review Application is allowed and the Writ Petition No. 43372 of 2006, is restored to file.