Madras High Court
The Union Territory Of Puducherry vs The Central Administrative Tribunal on 26 April, 2017
Author: K.K. Sasidharan
Bench: K.K.Sasidharan, M.V.Muralidaran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 26.04.2017
CORAM:
THE HON'BLE MR.JUSTICE K.K.SASIDHARAN
AND
THE HON'BLE MR.JUSTICE M.V.MURALIDARAN
W.P.No.19984 of 2009 and
M.P.No.1 of 2009
1.The Union Territory of Puducherry,
Rep. by the Secretary to Government,
Education Department, Chief Secretariat,
Government of Puducherry, Puducherry.
2.The Director of School Education,
Perunthalaivar Kamarajar Centenary
Educational Complex,
100 Feet Road, Anna Nagar,
Nellithope P.O., Puducherry - 605 005.
3.The Deputy Director (Administration)
O/o.The Director of the School Education,
Perunthalaivar Kamarajar Centenary
Educational Complex,
100 Feet Road, Anna Nagar,
Nellithope P.O., Puducherry - 605 005. ...Petitioners
vs.
1.The Central Administrative Tribunal
Rep. by the Registrar,
Additional City Civil Court Building,
High Court Complex, Chennai.
2.V.Kalyanasundharam
3.M.Ramamoorthy
4.P.Janaki Sowbhagyam
5.J.Sembian
6.S.Murali
7.R.Nirmala Rany
8.S.Soundirarajan
9.S.Ramamurthy
10.P.Sathiamoorthy
11.S.Minatchy
12.R.Mahalakshmi
13.K.Srinivasan
14.A.Wilson
15.T.Jayabalasubramanian ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorari, calling for the records pertaining to the order passed in O.A.No.513/2009 dated 24.08.2009 on the file of the Central Administrative Tribunal Madras Bench and quash the same.
For Petitioner : Mr.R.Syed Mustafa
Spl.Govt.Pleader (Puducherry)
For R7 and R8 : Mr.S.Srinivasan
For R2 to R15 : No appearance
O R D E R
K.K. SASIDHARAN,J.
The challenge in this writ petition is to the order dated 24 August, 2009 in O.A.No.513 of 2009, directing the petitioners to accommodate respondents 2 to 6 as per the Transfer Policy dated 27 June, 1991.
2. Heard the learned Special Government Pleader (Services) on behalf of the petitioners. We have also heard the learned counsel for the respondents 7 and 8.
3. The respondents challenged the order dated 8 June, 2009 transferring them from various regions of Union Territory of Puducherry. The transfer order was challenged on various grounds before the Central Administrative Tribunal. The Tribunal directed the petitioners to accommodate respondents 2 to 6. It is a matter of record that the Government have not enforced the order of transfer of respondents 7 and 8. The request made by the second respondent was considered favourably by the Government and after reverting him to the post of Trained Graduate Teacher, he was posted at Puducherry. The other employees were accommodated in Puducherry.
4. The respondents are now working in different institutions at Puducherry and Karaikal. In view of the subsequent events, we set aside the order passed by the Tribunal.
K.K.SASIDHARAN,J. and M.V.MURALIDARAN,J. (svki)
5. This order would not stand in the way of further transfer of respondents 2 to 15.
6. The writ petition is disposed of with the above observation. No costs. Consequently, connected miscellaneous petition is closed.
(K.K.SASIDHARAN.,J.) (M.V.MURALIDARAN.,J.) 26 April 2017 Index : Yes/No svki To The Registrar, The Central Administrative Tribunal Additional City Civil Court Building, High Court Complex, Chennai.
W.P.No.19984 of 2009http://www.judis.nic.in