Dr.B.Sasisekaran v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.02.2023

CORAM

THE HONOURABLE Ms. JUSTICE V.M.VELUMANI AND THE HONOURABLE Mrs. JUSTICE R.HEMALATHA Dr.B.Sasisekaran .. Petitioner Vs.

The Director NIOT Campus Velacherry, Tambaram Main Road Pallikaranai, Chennai 600 100 .. Respondent Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents to dispose of the O.A. No.239 of 2020 on the file of the Central Administrative Tribunal-I, Chennai, expeditiously. For Petitioner : Mr.S.S.Raghavan For Respondent : Mr.K.Gangadaran Central Govt. Counsel Assisted by Mr.V.Vijayshankar Standing Counsel

O R D E R

(Order of the Court was made by V.M.VELUMANI, J.) Writ Petition is filed for a direction to the respondent to dispose of the O.A.No.239 of 2020 on the file of the Central Administrative Tribunal-I, Chennai, expeditiously.

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2. Heard the learned counsel appearing for the petitioner as well as the learned Central Government Counsel appearing for the respondent and perused the entire materials available on record.

3. Learned counsel appearing for the petitioner submitted that the petitioner had retired from service in the year 2012, but he was not paid terminal benefits. Hence, the petitioner filed O.A.Nos.935 and 1027 of 2010 before the Central Administrative Tribunal for payment of retirement benefits. The said O.A.s were dismissed. Challenging the said dismissal order, the petitioner filed W.P.Nos. 18206 and 18207 of 2012. This Court, by the common order dated 17.02.2014, set aside the order of the Tribunal and directed the respondent to pay the gratuity and provident fund amount to the petitioner, within two months. Since the respondent had not paid the full amount, the petitioner filed contempt petition Nos.49 and 50 of 2015. In the review petition filed by the respondent and in the contempt petitions filed by the petitioner, this Court, by the common order dated 04.03.2019, directed the respondent to pay gratuity for the period between 22.04.2002 and 17.12.2003, within a period of six weeks and gave liberty to the 2/4

petitioner to initiate separate proceedings for other benefits. Accordingly, the petitioner has filed present O.A.No.239 of 2020 before the Tribunal.

4. Learned counsel appearing for the respondent submitted that O.A.No.239 of 2020 was filed during COVID-19 pandemic and hence, reply affidavit was not filed. He stated that reply affidavit will be filed within four weeks.

5. Considering the above submissions and the O.A. is pending from the year 2020, the respondent is directed to file reply affidavit within four weeks from the date of receipt of a copy of this order and on filing such reply, the Tribunal is directed to dispose of the O.A.No.239 of 2020 as expeditiously as possible, within a period of three months.

With the above directions, the writ petition stands disposed of. No costs. (V.M.V.,J.) (R.H.,J.) 14.02.2023 Internet : Yes / No gya 3/4

V.M.VELUMANI, J.

AND R.HEMALATHA, J.

gya To 1.The Director NIOT Campus Velacherry Tambaram Main Road Pallikaranai Chennai 600 100 2.The Central Administrative Tribunal Chennai 14.02.2023 4/4