Union Of India v. P. Mookayee

IN THE HIGH COURT OF JUDICIATURE AT MADRAS

DATED : 14.02.2018

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH and THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.No.3157 of 2018 and W.M.P.No.3874 of 2018

1. Union of India, Rep. By the Chief Post Master General, Tamil Nadu Circle, Anna Salai, Chennai - 600 002.

2. The Senior Superintendent of Post Offices, Tiruchirappalli Division, Tiruchirappalli - 620 001.

... Petitioners .. Vs ..

1. P.Mookayee

2. Central Administrative Tribunal, Rep. by its Registrar, Madras Bench, Chennai - 600 104.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records of the second respondent and quash the order dated 19.08.2016 in O.A/310/01313/2016 as the same is unsustainable.

For Petitioners : Mr.V.P.Sengottuvel - - - - -

ORDER

(Order of the Court was made by HULUVADI G.RAMESH, J.) Challenging the order passed by the second respondent/Central Administrative Tribunal in O.A/310/01313/2016, dated 19.08.2016, the present Writ Petition came to be filed.

2. The above Original Application was filed by the first respondent herein seeking to quash the Impugned Order No.B2/135/2/RRR/Dlgs dated 11.09.2015 and to direct the respondents therein/petitioners herein to consider the case of the first respondent's son i.e., R.Pandiyan and to give him Compassionate Appointment either in Group 'D' cadre or in Postman Cadre. After hearing the rival submissions made on either side, the Central Administrative Tribunal, by order dated 19.08.2016, disposed of the said original application and the operative portion of the order reads as follows:- "7. Accordingly, the respondent authority is directed to decide the application of the applicant for compassionate appointment based on the old Scheme which prevailed as on the date of death of the applicant's husband within a period of three months from the date of receipt of a copy of this order."

Aggrieved by the said order passed by the second respondent/Central Administrative Tribunal, the present Writ Petition has been filed by the respondents therein.

3. The matter is listed today under the caption, ''for admission''. We have heard the learned counsel appearing for the petitioners and we have also perused the materials available on record including the order passed by the Central Administrative Tribunal.

4. A perusal of the order of the Central Administrative Tribunal would go to show that what is being stated by the Tribunal is to decide the application of the first respondent herein for compassionate appointment based on the old Scheme which prevailed as on the date of death of the first respondent's husband which does not require any interference at the hands of this Court. The petitioners have not made out any ground to interfere with the order passed by the second respondent herein/Central Administrative Tribunal. Therefore, this Writ Petition is dismissed. No costs. The connected miscellaneous petition is closed.

Jrl Sd/- Assistant Registrar /TRUE COPY/ Sub-Assistant Registrar

To The Registrar, Central Administrative Tribunal, Madras Bench, Chennai - 600 104.

+1CC to Mr.V.P.Sengottuvel Advocate SR.NO.11236 W.P.No.3157 of 2018 SSD[CO] MK:28/03/2018