G. SUNDARARAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) SEEKING to review the order passed in W.A.No.1726 of 2011 dated 12.4.2013 confirming the order of dismissal passed in W.P.No.21797 of 2009, dated 23.12.2010, the petitioner has come before this Court.

(2.) MR .M.Radhakrishnan, learned counsel appearing for the petitioner submitted that there is an error apparent on the face of the record. The scope, ambit and applicability of the letter of the Government dated 1.10.1999 has not been considered. The crucial date for considering the promotion of the petitioner was 15.2.2000. The punishment imposed on him got expired much prior to that. Therefore, there being no currency of punishment, the petitioner ought to have been considered for inclusion in the panel. The petitioner has been wrongly passed over for five continuous years earlier. Considering the same, the review petition will have to be allowed.

(3.) SIMILARLY , as far as the question of applicability of letter dated 1.10.1999 is concerned, the petitioner has never raised the issue either before the learned single judge or before us. On the contrary, in the counter affidavit filed, it has been stated that the impugned order has been passed after taking note of the said proceedings. In this connection, it is to be noted that the said plea has not been taken before the learned single judge and also specifically at the time of arguing before us. Even in the grounds of writ appeal the same has not been taken.