Madras High Court
L.Pargunan vs The Ordnance Factory Board on 7 February, 2019
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :07.02.2019
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.Nos.4246 to 4248 of 2018
L.Pargunan ..Petitioner in WP.No.4246/2018
Omana.P ..Petitioner in WP.No.4247/2018
F.Jones Roseline ..Petitioner in WP.No.4248/2018
--vs--
1.The Ordnance Factory Board,
rep.by its Director General,
No.6, Explanade East, Calcutta – 700 069.
2.Vijayanta Senior Secondary School,
Rep.by its Secretary
H.V.F.Estate, Avadi, Chennai - 54
.. Respondents in all petitions
Prayer in W.P.No.4246 of 2018: Writ Petition filed under Article 226
of the Constitution of India praying to issue a Writ of Mandamus,
directing the 1st and 2nd respondents to consider the representation
dated 11.07.2016 and the reminders dated 12.09.2016 and
05.12.2016 preferred by the petitioner, within a time frame to be fixed
by this Hon'ble Court and grant the service benefits due to the
petitioner.
Prayer in W.P.No.4247 of 2018: Writ Petition filed under Article 226
of the Constitution of India praying to issue a Writ of Mandamus,
directing the 1st and 2nd respondents to consider the representation
dated 05.07.2016 and the reminder dated 20.09.2016 preferred by
http://www.judis.nic.in
2
the petitioner, within a time frame to be fixed by this Hon'ble Court
and grant the service benefits due to the petitioner.
Prayer in W.P.No.4248 of 2018: Writ Petition filed under Article 226
of the Constitution of India praying to issue a Writ of Mandamus,
directing the 1st and 2nd respondents to consider the representation
dated 16.07.2016 and the reminders dated 05.11.2016 and
20.11.2017 preferred by the petitioner, within a time frame to be fixed
by this Hon'ble Court and grant the service benefits due to the
petitioner.
For Petitioners : Mr.C.K.Chandrasekkar
..in all WPs
For Respondents : Mr.K.Venkatasamy Babu
Standing Counsel
..in all WPs
COMMON ORDER
The grievances of the writ petitioners is that the benefit of encashment of Earned Leave as applicable has not been granted to the writ petitioners. Thus, the writ petitioners are constrained to move these writ petitions.
2. The relief sought for in these writ petitions are to direct the respondents 1 and 2 to consider the representations submitted by the writ petitioners. The first respondent is the Ordnance Factory Board coming under the Ministry of Defence. The second respondent is http://www.judis.nic.in 3 Vijayanta Senior Secondary School, it is also a Central Board School. As far as the Ordnance Factory Board is concerned, the notification issued under the Administrative Tribunals Act and therefore, if at all, any grievance against the Ordnance Factory Board exists, the writ petitioners has to approach the Central Administrative Tribunal in respect of the private School also no writ petition can be entertained. Therefore, these writ petitioners is at liberty to approach competent authority under the provision of the Act for the redressal of their grievances and thereafter approach the competent forum in the manner known to law.
3. With these directions, these writ petitions stands disposed of. However, there shall be no order as to costs.
07.02.2019 Pns Index : Yes/No Internet: Yes/No Speaking Order/Non-speaking Order http://www.judis.nic.in 4 S.M.SUBRAMANIAM J.
Pns To
1.The Ordnance Factory Board, rep.by its Director General, No.6, Explanade East, Calcutta – 700 069.
2.Vijayanta Senior Secondary School, Rep.by its Secretary H.V.F.Estate, Avadi, Chennai - 54 W.P.Nos.4246 to 4248 of 2018 07.02.2019 http://www.judis.nic.in