Madras High Court
Union Of India vs J. Sundar on 23 June, 2014
Author: M.Sathyanarayanan
Bench: N.Paul Vasanthakumar, M.Sathyanarayanan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.6.2014 CORAM THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.16098 of 2014 and M.P.No.1 of 2014 Union of India The Senior Superintendent of Post Offices Chennai City South Division Chennai - 600 017. ... Petitioner Vs. 1. J. Sundar 2. The Registrar Central Administrative Tribunal City Civil Court Buildings Chennai 600 104. ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records of the second respondent Tribunal made in O.A.No.221 of 2011, dated 31.12.2013 and quashing the same. For Petitioner : Mr.S.Udayakumar ORDER
(Order of the Court was made by N.PAUL VASANTHAKUMAR, J.) This writ petition is filed challenging the order passed by the Central Administrative Tribunal in O.A.No.221 of 2011, dated 31.12.2013.
2. According to the first respondent, he was provisionally selected to work as Outsider in leave vacancies of Postman/Group D and had put in 26 years of service. He submitted a representation for grant of temporary status as has been granted to persons of similar nature in O.A.Nos.425 of 2006 and 483 of 2008. Since his request was rejected, he approached the Tribunal, and the Tribunal allowed his claim, against which the department filed this writ petition.
3. A similarly placed person viz. S.Karunakaran, who filed O.A.No.300 of 2010 having been dismissed on 10.8.2011, filed W.P.No.2433 of 2012. The said writ petition was allowed by the Division Bench of this Court on 7.3.2013, considering the earlier order passed in W.P.No.12988 of 2007 dated 11.4.2007, which was also confirmed by the Hon'ble Supreme Court by dismissing the SLP (Civil) C.C.No.2003/2008. As the matter in issue viz. conferring the first respondent with temporary status, is covered by the order of this Court, the non-appearance of the first respondent in the examination for permanent absorption cannot be put against him. It is also pertinent to note that the very same respondent viz. the petitioner herein, passed an order on 6.2.2014, deciding to implement the order of this Court dated 7.3.2013, and sought for formal permission from the Directorate and similar order was passed by this Bench in W.P.No.19577 of 2013, dated 10.3.2014. Thus, the matter in issue is covered by earlier decisions.
4. In view of the said position, this writ petition is dismissed with direction to the petitioner to implement the order of the Tribunal within a period of four weeks from the date of receipt of copy of this order. No costs. Consequently, connected MP is also dismissed.
Index : Yes/No (N.P.V., J.) (M.S.N., J.)
Internet : Yes/No 23.6.2014
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To
The Registrar
Central Administrative Tribunal
City Civil Court Buildings
Chennai 600 104.
N.PAUL VASANTHAKUMAR, J.
AND
M.SATHYANARAYANAN, J.
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W.P.No.16098 of 2014
23.6.2014