Case Note & Summary
The applicants, employees of the Adi Dravidar Welfare Department, filed review applications under Order 47 Rule 1 of the Code of Civil Procedure, 1908, seeking review of a common order dated 10.07.2018 passed by the Madras High Court in a batch of writ appeals. The applicants sought extension of service benefits including promotions and revision of pay. The court, comprising Justice S.M. Subramaniam and Justice M. Dhandapani, heard the counsel for the applicants and the Government Advocate. The court noted that re-adjudication of merits in review proceedings is impermissible and that the scope of review cannot be expanded for adjudication of grounds on merits. Even non-consideration of certain grounds raised on merits would not provide scope for maintaining a review application; only in the event of an error apparent on the face of the record may the court entertain a review. The court found no such error apparent. Additionally, the Government Advocate brought to the court's notice that the issues raised were no longer res integra, as the Supreme Court had confirmed the orders of the High Court in Special Leave Petition (Civil) Diary No.5529 of 2019 dated 01.04.2019, and a Division Bench of the High Court had also allowed writ appeals filed by the State in a batch of cases reported in 2026:MHC:348. Consequently, the court dismissed all review applications with no order as to costs.
Headnote
A) Civil Procedure - Review Jurisdiction - Error Apparent - Order 47 Rule 1 CPC - Re-adjudication of merits in review proceedings is impermissible; scope of review cannot be expanded for adjudication of grounds on merits; non-consideration of certain grounds on merits does not provide scope for review; only error apparent on face of record warrants review (Paras 3-4).
Issue of Consideration
Whether the review applications seeking service benefits including promotions and revision of pay disclose any error apparent on the face of the record warranting review of the common order dated 10.07.2018.
Final Decision
The review applications are dismissed. No costs.
Law Points
- Scope of review jurisdiction limited to error apparent on face of record
- re-adjudication of merits impermissible
- non-consideration of grounds on merits not a ground for review
