Central Administrative Tribunal - Madras
A Samidurai vs Ut Of Puducherry on 20 July, 2023
1 OA 547/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA/310/00547/2023
th
Dated Thursday the 20 day of July Two Thousand Twenty Three
CORAM : HON'BLE MS. LATA BASWARAJ PATNE, Member (J)
A.Samidurai, S/o. L.Aroquiasamy,
Stenographer Gr. I,
Labour Department,
Puducherry 605009. ....Applicant
By Advocate M/s. P. Suresh
Vs
1.The Secretary to Government (Education) cum
Chairman (PIPMATE),
Chief Secretariat, Government of Puducherry,
Puducherry 605001.
2.The Member Secretary,
Pondicherry Institute of Post Matric Technical Education,
Lawspet, Puducherry 605008.
3.The Director,
Directorate of Accounts & Treasuries,
Puducherry 605011. ....Respondents
By Advocate Mr. R. Syed Mustafa
2 OA 547/2023
ORAL ORDER
(Pronounced by Hon'ble Ms. Lata Baswaraj Patne, Member(J)) Heard learned counsel for applicant and Mr. R. Syed Mustafa who appears and takes notice for the respondents.
2. By this OA, the applicant is praying the following reliefs:-
"A. To call for the records relating to impugned order of the 3rd respondent in No. 194/PIPMATE/ESTT/2023/E2/Misc/49 dated 25.01.2023 and quash the same as highly illegal and violation of the Article 14 and 16 of the Constitution of India and violative of doctrine of equality.
B. To direct the respondent to remit the leave salary and pension contribution/Gratuity contribution and benefits along with interest for the period from 04.08.2000 to 26.05.2005 for the services rendered by the applicant in Women's Polytechnic College, Puducherry to the Government of Puducherry in terms ID Note/Office Memorandum No. G.12011/FD/F3/2016 (Pt) dated 07.07.2020 and thus render justice."
3. When the matter is taken up for hearing, it is submitted that the applicant is aggrieved by the internal communication dt. 25.01.2023 made by the Member Secretary of Puducherry Institute of Post-Matric Technical Education (PIPMATE) which is sponsored by the Government of Puducherry.
4. Learned counsel for respondents has raised objection on the ground of maintainability since the institution is not governed under the Administrative Tribunals Act and Rules. Hence, the OA is not maintainable on the point of jurisdiction.
5. Learned counsel for applicant seeks permission to withdraw the OA and file the case before Hon'ble High Court. Necessary endoresement has been made in the OA records.
3 OA 547/2023
6. In view of the above, permission is granted to withdraw the OA with liberty to the applicant to approach the appropriate Court of law for redressal of his grievances if any.
7. Accordingly, OA is dismissed for want of jurisdiction. No order as to costs.
(Lata Baswaraj Patne) Member (J) 20.07.2023 SKSI