L.Pargunan, v. The Ordnance Factory Board,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :07.02.2019
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.4246 to 4248 of 2018 L.Pargunan ... Petitioner in WP.No.4246/2018 Omana.P ... Petitioner in WP.No.4247/2018 F.Jones Roseline ... Petitioner in WP.No.4248/2018 --vs-- 1.The Ordnance Factory Board, rep.by its Director General, No.6, Explanade East, Calcutta - 700 069.
2.Vijayanta Senior Secondary School, Rep.by its Secretary H.V.F.Estate, Avadi, Chennai - 54 ... Respondents in all petitions Prayer in W.P.No.4246 of 2018: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st and 2nd respondents to consider the representation dated 11.07.2016 and the reminders dated 12.09.2016 and 05.12.2016 preferred by the petitioner, within a time frame to be fixed by this Hon'ble Court and grant the service benefits due to the petitioner.
Prayer in W.P.No.4247 of 2018: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st and 2nd respondents to consider the representation dated 05.07.2016 and the reminder dated 20.09.2016 preferred by the petitioner, within a time frame to be fixed by this Hon'ble Court and grant the service benefits due to the petitioner.
Prayer in W.P.No.4248 of 2018: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st and 2nd respondents to consider the representation dated 16.07.2016 and the reminders dated
05.11.2016 and 20.11.2017 preferred by the petitioner, within a time frame to be fixed by this Hon'ble Court and grant the service benefits due to the petitioner.
For Petitioners : Mr.C.K.Chandrasekkar ..in all WPs For Respondents : Mr.K.Venkatasamy Babu Standing Counsel ..in all WPs COMMON ORDER The grievances of the writ petitioners is that the benefit of encashment of Earned Leave as applicable has not been granted to the writ petitioners. Thus, the writ petitioners are constrained to move these writ petitions.
2. The relief sought for in these writ petitions are to direct the respondents 1 and 2 to consider the representations submitted by the writ petitioners. The first respondent is the Ordnance Factory Board coming under the Ministry of Defence. The second respondent is Vijayanta Senior Secondary School, it is also a Central Board School. As far as the Ordnance Factory Board is concerned, the notification issued under the Administrative Tribunals Act and therefore, if at all, any grievance against the Ordnance Factory Board exists, the writ petitioners has to approach the Central Administrative Tribunal in respect of the private School also no writ petition can be entertained. Therefore, these writ petitioners is at liberty to approach competent authority under the provision of the Act for the redressal of their grievances and thereafter approach the competent forum in the manner known to law.
3. With these directions, these writ petitions stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Pns
To 1.The Director General, Ordnance Factory Board, No.6, Explanade East, Calcutta - 700 069.
2.The Secretary, Vijayanta Senior Secondary School, H.V.F.Estate, Avadi, Chennai - 54 +1 cc to M/s.Venkataswamy, Advocate Sr.No.11041 +1 cc to Mr.C.K.Chandrasekar, Advocate Sr.No.11704 W.P.Nos.4246 to 4248 of 2018 ssv(co) CSL/06.03.2019