M. Rekha vs Registrar General High Court Madras - 2026 Supreme(Online)(Mad) 48201

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2026 Supreme(Online)(Mad) 48201

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, N. Senthilkumar, JJ
M. Rekha – Appellant
Versus
Registrar General High Court Madras – Respondent
WP No. 9997 of 2026

Important Points

A writ petition challenging only a review order, while the original appellate order has attained finality and the limitation period has expired, is not maintainable.

Subject

Service Law - Seniority and Promotion

Act Referred

Constitution of India: Art.226
Tamil Nadu Judicial Ministerial Service Rules

Headnote

The petitioner challenged an Official Memorandum dated 21.11.2025 regarding seniority and promotional consideration, seeking a writ of certiorarified mandamus under Art. 226 of the Constitution. The petitioner contended that the memorandum violated the Tamil Nadu Judicial Ministerial Service Rules. The Court found that the underlying appeal had already been decided by a speaking order on 30.05.2022 and held that a challenge to the subsequent review order was not maintainable. The core issue was whether a writ petition is maintainable when it only challenges a review order while the original appellate order has attained finality. The Court observed that the petitioner was attempting to bypass the limitation period by challenging only the review order, noting that the primary order dated 30.05.2022 remained unchallenged. The writ petition was dismissed, granting the petitioner liberty to pursue other legal remedies if available.

Advocates:
For the Appellants/Petitioners: R. Sripriya
For the Respondents: Haja Mohideen Gisthi

Table of Content
1. maintainability of a writ petition challenging review orders against settled appellate decisions. (Para 1 , 2 , 3 , 4 , 5 , 6)

(Order of the Court was made by S.M.Subramaniam J.)

Writ on hand has been instituted to set aside the Official Memorandum dated 21.11.2025 on the file of 2^nd respondent, and direct the respondents to reconsider the petitioner’s review application dated 02.09.2025 in regard for proper fixation of seniority and promotional consideration in accordance with the Tamil Nadu Judicial Ministerial Service rule and the Tamil Nadu Government Gazette dated 20.01.2016.

2. Appellate authority decided the appeal filed by the petitioner by passing a speaking order in proceeding dated 30.05.2022. However, subsequent review order alone is under challenge in the present writ proceedings. Thus the writ petition is not entertainable.

3. However, the learned counsel for the petitioner seeks liberty to challenge the original order passed in the appeal.

4. Learned counsel for the 2^nd respondent would submit that the said order was passed in the year 2022, and there is an enormous delay and in order to circumvent the period of limitation, the present writ petition has been filed challenging the review order.

5. May that as it be, if any remedy is available to the petitioner under the law, she is at liberty to exhaust the same.

6. Accordingly, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.