LAWS(MAD)-2017-3-311

THE REGISTRAR GENERAL, HIGH COURT, MADRAS Vs. SWARNAM J. NATARAJAN, PRINCIPAL SUB JDGE, THIRUVANNAMALAI AND OTHERS

Decided On March 27, 2017
The Registrar General, High Court, Madras Appellant
V/S
Swarnam J. Natarajan, Principal Sub Jdge, Thiruvannamalai And Others Respondents

JUDGEMENT

(1.) This Review Application has been filed by the Registrar General of this Court to review the order and direction in W.P.Nos.9350 and 13629 of 2009, dated 28.11.2014.

(2.) The respondents 1 and 2 herein were the petitioners in those two Writ Petitions, wherein they sought for issuance of a Writ of Certiorarified Mandamus, to quash the proceedings of the Review Applicant in ROC.No.17/2009-Con. B2, dated 05.05.2009, in so far as it promotes the respondents 4 to 7 herein as Civil Judges (Senior Division) in the Pondicherry Judicial Service and consequently to direct the applicant to first fix the seniority of the Civil Judges (Junior Division), as per the merit list prepared, pursuant to the notification No.87/2001, dated 06.08.2001 and promote the respondents 1&2/Writ Petitioners as Civil Judges (Senior Division) with effect from 05.05.2009. The Writ Petitions were allowed by common order dated 28.11.2014, and the operative portion of the order reads as follows:-

(3.) The Registrar General of this Court seeks review of the order on only one ground by contending that the directions contained in paragraphs 65 and 66 of the order referred above are mutually exclusive culminating in an error apparent on the face of the record. It is further contended that unless and until, the already promoted candidates, who have served in the post of Civil Judge (Senior Division) and further got promoted as District Judge (Entry Level) are reverted, the Writ Petitioners cannot be accommodated in the post of Civil Judge (Senior Division) and in the post of District Judge (Entry Level) following their seniority as determined by the Division Bench in the order dated 28.11.2014, in the post of Civil Judge (Junior Division).