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2026 Supreme(Online)(Mad) 103868

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice S. M. SUBRAMANIAM
R Nithianandan – Appellant
Versus
State Express Transport Corporation – Respondent



##PAGE1##

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-10-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN REV.APPL No. 248 of 2026 CNR:{HCMA012268892026}

AND REV.APPL NO. 250 OF 2026 REV.APPL No. 248 of 2026 :

1. R Nithianandan 2. R G Srinivasan

3. D Umarani

4. P Krishnamurthy

5. A Khajamohideen

6. N Dawood Hameed

7. L Mariammal

8. S Janarthanan

9. D Jebaraf Albert Iyadurai

10.N Pazhaninathan

11.M Edmund

12.Sankara Vadivoo

13.G Ramaselvam ..Petitioner(s)

Vs State Express Transport Corporation Rep by its Managinig Director, No.2, Pallavan Salai, Chennai-600 002 ..Respondent(s)

##PAGE2##

REV.APPL No. 250 of 2026 CNR:{HCMA012268882026}

1. R. Rajasekar

2. T.L. Thiaga Rajan

3. C Santhi 4. A Chithra

5. C J Somasundaram

6. J Suresh Babu

7. R Kumar

8. L Sumathi 9. D Ramani

10. G Amsaveni 11. P Rajendran ..Petitioner (s)

Vs State Express Transport Corporation Rep.by its Managing Director, No.2, Pallavan Salai, Chennai- 600 002.

..Respondent(s)

##PAGE3##

To review the common order dated 20.08.2026 passed in WA No.1990 of 2026 on the file of this Court.

REV.APPL No. 250 of 2026 To review the common order dated 20.08.2026 passed in WA.No.1994 of 2026 on the file of the Court in so far as the above Writ Appeal is concerned and pass such further or other orders as this Court.

In both appeals For Petitioner(s): D.Soundar Raj For Respondent(s): Ms.Dakshayanai Reddy Senior Counsel for M/s. Madhuri Donti Reddy

COMMON ORDER

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

These Review Petitions have been filed to review the orders dated

20.08.2026 made in W.A.Nos. 1990 to 1994 of 2026.

2. The learned counsel appearing for the review petitioners would raise the ground that judgment of the Division Bench of this court, affirmed by the Supreme Court in a similar matter was not considered by this court and also that certain judgments of the Hon'ble Supreme Court are to be made applicable the review petitioners and seeks the order to be reviewed. He also urged the court that other grounds raised also deserve to be considered, since the order sought to be reviewed are not in consonance with the order of the co-ordinate bench passed in a similar matter, which created disparity among the homogeneous class of employees.

##PAGE4##

3. The learned counsel for the respondent/ Transport Corporation would oppose by stating that this court has rightly considered and interpreted the scope of G.O. Ms. No. 330 dated 31.08.2018 in detail and pointed out that this court has granted liberty to the individual employees to approach competent authority in case of any error in fixation of pay. Hence, the present review applications deserve to be dismissed.

4.This Court is of the considered view that the scope of the review under Order 47 Rule 1 of C.P.C., cannot be expanded for the purpose of re-adjudication of merits. The erroneous order in the opinion of the petitioners cannot be a ground to entertain the Review Petition. Scope of review is restricted only to the extent that in the event of establishing error apparent, which alone to be considered. In the present case, the petitioners have raised several grounds, which are all relating to merits of the case. The legal principles to be followed for entertaining the Review Petition are considered by this Court in Rev.Aplc.(MD)No.662 of 2017, dated 20.12.2017. The relevant paragraphs are extracted hereunder:

##PAGE5##

“9. Further, the Supreme Court of India held that the review jurisdiction cannot be used as an Appellate Jurisdiction. The “mistake” or “error” must exist apparent on the face of the record to seek for review. As per Order 47 Rule 1 CPC, the judgement may be opened to review, inter alia, if there is a mistake or an error apparent on the face of the records. An error which is not self- evident and has to be detected by a process of reasoning can hardly said to be an error apparent on the face of the record justifying the Court to exercise its power of review in exercise o

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