B.Ganesan v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2018

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE M.DHANDAPANI C.R.P.(PD)Nos.1053, 1054 and 1258 of 2018 and C.M.P.Nos.5574, 5575 and 6485 of 2018 B.Ganesan ...

Petitioner in CRP No.1053/2018 K.Santhi ...

Petitioner in CRP No.1054/2018 D.Ravichandran ...

Petitioner in CRP No.1258/2018 -vs1.Union of India The Secretary to Government, Department of Personnel, Public Grievances and Pensions, North Block, New Delhi-110 001.

2.Union of India The Secretary to Government, Ministry of Home Affairs, New Delhi-110 001.

3.Government of Tamil Nadu rep.by the Principal Secretary, Public Department, Fort St.George, Chennai-600 009.

4.The Union Public Service Commission represented by the Secretary, Dholpur House, Shahjahan Road, New Delhi-110 001.

...

Respondents in all the CRPs C.R.P.(PD)No.1053 of 2018 filed under Article 227 of the Constitution of India, to direct the Central Administrative Tribunal, Chennai Bench to decide the Original Application No.1827 of 2017 pending its file, at the earliest.

C.R.P.(PD)No.1054 of 2018 filed under Article 227 of the Constitution of India, to direct the Central Administrative Tribunal, Chennai Bench to decide the Original Application No.1828 of 2017 pending its file, at the earliest.

C.R.P.(PD)No.1258 of 2018 filed under Article 227 of the Constitution of India, to direct the respondents 1 and 2 to sanction the mid-term cadre review of IAS cadre proposal of the third respondent for the year 2016, that arose due to the arbitrary and illegal reduction of the proposed cadre strength by the first respondent in the quinquennial IAS Cadre Review of the third respondent during the year 2013, in accordance with Proviso 4(2) of the Rule without adopting the limitation of cadre strength to about 5%.

For Petitioner in all CRPs ::

Ms.K.Jayasudha For Respondents in all CRPs ::

Mr.Venkataswamy Babu for R1 and R2 Mr.V.Kadhirvelu, Spl.GP for R3 Dr.M.Devendran for R4 COMMON ORDER (Made by HULUVADI G.RAMESH, J.) C.R.P.(PD)No.1053 of 2018 has been filed for a direction to the Central Administrative Tribunal, Chennai Bench to decide the Original Application in O.A.No.1827 of 2017 pending its file, at the earliest. C.R.P.(PD)No.1054 of 2018 has been filed for a direction to the Central Administrative Tribunal, Chennai Bench to decide the Original Application in O.A.No.1828 of 2017 pending its file, at the earliest.

2.C.R.P.(PD)No.1258 of 2018 has been filed praying to exercise the supervisory jurisdiction of this Court in respect of the relief made before the Central Administrative Tribunal, Chennai Bench. 3.The learned counsel for the petitioners has pleaded that the Central Administrative Tribunal, Chennai Bench is having only two Administrative Members with no Judicial Member presently to constitute a Bench for hearing and dispose of the original applications and in view of the said situation, the original applications filed by the petitioners before the Central Administrative Tribunal, Chennai Bench in O.A.Nos.1827 and 1828 of 2017 are pending disposal. Stating so, the learned counsel prayed for a direction to the Tribunal to decide the said original applications at the earliest. Alternatively, she submitted that this Court may decide the issue, exercising its supervisory jurisdiction.

4.Heard the learned counsel for the respondents 1 and 2, learned Special Government Pleader for the third respondent and the learned counsel for the fourth respondent, on the submissions made by the learned counsel for the petitioners.

5.It appears that the original applications filed by the petitioners before the Central Administrative Tribunal, Chennai Bench, are pending, as the Tribunal is not functioning for want of a Judicial Member. In this regard, this Court would only say that it is for the concerned authorities to make alternate arrangement to see that the cases pending before the Central Administrative Tribunal are disposed of expeditiously. Hence, this Court directs the Central Administrative Tribunal, Chennai Bench to dispose of the Original Applications in O.A.Nos.1827 of 2017 and 1828 of 2017, pending on its file, on merits and in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order.

6.The Civil Revision Petitions are disposed of accordingly. No costs. Consequently the connected miscellaneous petitions are closed. Index : Yes/No (H.G.R.,J.) (M.D.I.,J.) Internet : Yes/No 25.04.2018 KM To 1.The Secretary to Government, Government of India, Department of Personnel, Public Grievances and Pensions, North Block, New Delhi-110 001.

2.The Secretary to Government, Government of India, Ministry of Home Affairs, New Delhi-110 001.

3.The Principal Secretary to Government, Government of Tamil Nadu Public Department, Fort St.George, Chennai-600 009.

4.The Secretary, Union Public Service Commission Dholpur House, Shahjahan Road, New Delhi-110 001.

HULUVADI G.RAMESH, J.

AND M.DHANDAPANI, J.

KM C.R.P.(PD)Nos.1053, 1054 and 1258 of 2018 and C.M.P.Nos.5574, 5575 and 6485 of 2018 25.04.2018