Case Note & Summary
The petitioner, K. Lokesh, filed a review application under Order 47 Rule 1 read with Section 114 of the Code of Civil Procedure, 1908, seeking review of the order dated 05.03.2021 passed in Writ Appeal No.2847 of 2019 by the Madras High Court. The review petitioner contended that certain documents submitted by him before the writ court were not considered by the court. The respondents were officials of Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO). The court, comprising Justice S.M. Subramaniam and Justice K. Surender, examined the scope of review jurisdiction. The court observed that the very purpose of compassionate appointment is not to provide employment as a matter of right but to mitigate the circumstances arising on account of the sudden death of the employee. The court noted that it had already considered the facts, circumstances, and legal position while passing the original order. The court held that re-adjudication of grounds in a review proceeding is impermissible under Order XLVII Rule 1 of the CPC. The petitioner failed to establish any error apparent on the face of the record. Consequently, the review application was dismissed with no order as to costs.
Headnote
A) Civil Procedure - Review - Order XLVII Rule 1 CPC - Scope of Review - Review petition filed seeking review of order in writ appeal on ground that documents were not considered - Court held that re-adjudication of grounds is impermissible under Order XLVII Rule 1 CPC and petitioner failed to establish any error apparent on face of record - Held that review application dismissed (Paras 2-6). B) Service Law - Compassionate Appointment - Object and Purpose - Compassionate appointment is not a right but to mitigate hardship arising from sudden death of employee - Court reiterated the settled legal position (Para 3).
Issue of Consideration
Whether the review petition discloses any error apparent on the face of the record warranting review of the order dated 05.03.2021 in WA No.2847 of 2019
Final Decision
Review application dismissed. No costs.
Law Points
- Review jurisdiction limited to error apparent on face of record
- Re-adjudication impermissible under Order XLVII Rule 1 CPC
- Compassionate appointment not a right but to mitigate sudden death hardship
