Case Note & Summary
The case involves five review applications filed by lecturers of polytechnic colleges in Tamil Nadu against a common judgment dated 18.12.2025 in W.P. Nos. 12345 of 2024 etc. The applicants were appointed on consolidated pay and sought selection grade. The original writ petitions were dismissed, and the review applicants sought to reopen the matter. The court, comprising Justice S.M. Subramaniam and Justice K. Surender, dismissed the review petitions, holding that review jurisdiction is limited to correcting errors apparent on the face of the record and cannot be used as an appeal. The court found no such error. On merits, the court reiterated that selection grade is a benefit for regularized employees, and since the applicants were not regularized, they were not entitled to it. The court also interpreted Section 3 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, to mean that only substantively appointed persons are government servants. The review petitions were dismissed with no order as to costs.
Headnote
A) Service Law - Review Jurisdiction - Error Apparent on Face of Record - The court held that review jurisdiction is limited and cannot be used as an appeal. The applicants failed to demonstrate any error apparent on the face of the record in the original judgment. (Paras 1-8) B) Service Law - Selection Grade - Entitlement - Regularization - The court held that selection grade is a benefit available only to regularized employees. Since the applicants were appointed on consolidated pay and not regularized, they are not entitled to selection grade. (Paras 1-8) C) Service Law - Tamil Nadu Government Servants (Conditions of Service) Act, 2016 - Section 3 - The court interpreted Section 3 of the Act to mean that only persons appointed substantively to a civil service or post are government servants. The applicants, being on consolidated pay, were not substantively appointed. (Paras 1-8)
Issue of Consideration
Whether the review applicants are entitled to selection grade in the absence of regularization of their services?
Final Decision
All review petitions are dismissed. No order as to costs.
Law Points
- Review jurisdiction limited to error apparent on face of record
- not rehearing
- Selection grade entitlement requires regularization
- Consolidated pay appointees not entitled to selection grade
