P. Premkumar v. Central Administrative

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.6.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.5288 of 2018 and W.M.P.No.6492 of 2018 P.Premkumar Petitioner

Versus

1 Central Administrative Tribunal Rep. by its Registrar City Civil Court Buildings Chennai 600 104 2 Union of India Rep. by the The Comptroller and Auditor General of India 10 Bahadur Shah Zafar Marg New Delhi 110 002 3 Principal Accountant General (A&E) Tamilnadu, Chennai 600 018 Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records in O.A. No.1862 of 2017 on the file of the 1st respondent and quash the order dated 21.12.2017 and the order dated 22.02.2018 passed in M.A.No.118 of 2018 in O.A. No.1862 of 2017 on the file of the 1st respondent for recovery of amount from the salary of the petitioner.

For petitioner : Mr.P.Kalyanasundaram For RR2 and 3 : Mr.V.Vijay Shankar For R1 : Tribunal

ORDER

(Order of the court was made by HULUVADI G.RAMESH,J.) Heard the learned counsel appearing for the parties.

2. The writ petition has been filed challenging the orders of dismissal passed by the Central Administrative Tribunal in the Miscellaneous Application filed by the petitioner seeking to stay the order passed by the authority reverting him from the post of Assistant Accounts Officer (adhoc) to the post of Senior Accountant and the consequential proposal for recovery of pay and allowances already paid to the petitioner.

3. It appears that the Central Administrative Tribunal dismissed the interim applications on the objections from the other side and also having held that it is premature to seek for interim relief.

4. In the circumstances of the case, we direct that the main matter be listed before the Tribunal during the first week of every month so that the Division Bench that would be constituted would take the matter on priority to avoid any embarassment to the parties, who had suffered a reversion, because of non-functioning of the Bench of the Tribunal. However, so far as the recovery is concerned, it shall be deferred till the disposal of the main Original Application filed before the Central Administrative Tribunal. The writ petition is disposed of accordingly. No costs. The connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-) //True Copy// Sub Assistant Registrar ssk.

To:

The Registrar Central Administrative Tribunal City Civil Court Buildings Chennai 600 104 2 The Comptroller and Auditor General of India, Union of India, 10 Bahadur Shah Zafar Marg New Delhi 110 002

3 Principal Accountant General (A&E) Tamilnadu, Chennai 600 018 +1cc to Mr.V.VIJAYSHANKAR, Advocate, S.R.No.38541 +1cc to Mr.S.SADHASHARAM, Advocate, S.R.No.38198 W.P.No.5288 of 2018 SV(CO) TR(11/07/2018)