JUDGEMENT
ANIL R.DAVE,J. -
(1.) THESE review petitions and applications have been filed by Tamil Nadu Public Service Commission and some of the
employees of the State of Tamil Nadu, who had been appointed
in Tamil Nadu State Services, but by virtue of the judgment
dated 30th June, 2014 delivered by this Court in
C.A.Nos.5877-5878/2014, confirming the judgment delivered
by the High Court of Judicature at Madras in Writ Appeal
Nos.1063 and 1287 of 2009 dated 4th March, 2011, their
services are to be terminated.
(2.) THE case on hand has a chequered history, which has been narrated in the judgment dated 30th June, 2014 delivered
by this Court in C.A.Nos.5877-5878/2014, which is sought to
be reviewed and therefore, we do not narrate the facts once
again.
(3.) SUFFICE it is to state that an examination was held by Tamil Nadu Public Service Commission for selecting candidates
for certain Tamil Nadu State services and it was alleged that
some irregularities had been committed in examining the
answer books submitted by the candidates. In the
circumstances, a petition was filed in the High Court of Madras
challenging appointments of the candidates who had been
finally selected. The said petition had been rejected by the
learned Single Judge and the appeal filed against the order of
rejection had been allowed, whereby services of some of the
selected candidates had to be terminated. The said judgment of
the Division Bench was confirmed by this Court by virtue of the
judgment, which is sought to be reviewed by this Court.
The learned counsel appearing for Tamil Nadu Public Service Commission, State of Tamil Nadu and the selected
candidates submitted that the judgment is required to be
reviewed for the reason that the selected candidates did not get
due opportunity before the High Court to represent their case
and the State of Tamil Nadu was not a party to the original
litigation, though it ought to have been joined because the
candidates who were admitted to the State services, whose
services were sought to be terminated, had been appointed by
the State of Tamil Nadu. It is also case of the applicants
praying for review of the judgment that certain methods, which
had been adopted by the High Court while coming to the final
conclusion arrived at, by virtue of the judgment delivered by the
Division Bench, were not proper and therefore, the selection
made by Tamil Nadu Public Service Commission should not
have been set aside, especially when all the candidates who had
been selected by Tamil Nadu Public Service Commission and
who had been appointed to different State services by the State
of Tamil Nadu were in service for more than 7-8 years with due
efficiency and their effectiveness as officers was never
questioned even by their superiors or by the State of Tamil
Nadu. It was also submitted that grave injustice would be
caused to those officers working for several years as their
services will be terminated and they will not get any chance to
get any employment elsewhere as they have already crossed the
age limit for applying for any other government post by virtue of
afflux of time and that too for no fault on their part.;
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