Union Of India v. Smt.M.Kalavathy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2024

CORAM

THE HON'BLE Mr. JUSTICE R.SURESH KUMAR AND THE HON'BLE Mr. JUSTICE K.KUMARESH BABU W.P.No.20792 of 2013 and M.P.No.1 of 2013 1.Union of India represented by The Director General, Department of Posts, Ministry of Communications and IT Dak Bhavan, Sansad Marg, New Delhi 110 001.

2.The Chief Postmaster, Anna Road HPO, Chennai - 600 002.

... Petitioners Vs.

1.M.Kalavathy 2.M.S.Hussain 3.V.R.Tirupathy 4.The Registrar, Central Administrative Tribunal, City Civil Court Buildings, Chennai - 600 104.

... Respondents 1/5

Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records of the 4th respondent Tribunal in its impugned order dated 22.06.2012 in O.A.No.1560 of 2010 and quash the same.

For Petitioners : Mr.V.Chandrasekaran For R1 to R3 : Mr.P.Mohanraj For R4 : Tribunal

ORDER

[Order of the Court was made by R.SURESH KUMAR, J.] This writ petition has been filed challenging the order of Central Administrative Tribunal dated 22.06.2012 made in O.A.No.1560 of 2010.

2. In fact, along with the said O.A. number of O.As were tagged and common order was passed by the said order dated 22.06.2012, where the plea raised by the original applicants to seek regularisation of their services as GDS under 2002 Rule was accepted and therefore the O.As were allowed.

3. In fact, as against the said common order passed by the Tribunal, the Union of India though filed some number of writ petitions, 2/5

some of the employees with regard to their grievance filed some other writ petitions, those writ petitions were heard together and disposed by a Division Bench of this Court, by order dated 27.04.2023, where, the Division Bench, having considered the issue in detail, has allowed the writ petitions filed by the employees and dismissed the writ petitions filed by the Union of India.

4. As against the common order passed by the Division Bench dated 27.04.2023, a batch of Special Leave Petitions already been filed in S.L.P.(Civil) Diary No.52149 of 2023 etc. batch and those batch of SLPs also came to be dismissed by order of the Hon'ble Supreme Court dated 09.02.2024.

5. Therefore the issue has been given a complete quietus by the orders passed by the Division Bench as well as the Hon'ble Supreme Court as stated supra, this is one of the writ petition arising out of the said common order, therefore the learned counsel appearing for both sides submit that, the suitable orders can be passed in this writ petition also.

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6. In view of the said orders passed by the Division Bench of this Court dated 27.04.2023, which has been confirmed by the Hon'ble Supreme Court by order dated 09.02.2024, the issue raised in this writ petition also since is covered by the said decision, we are inclined to dismiss this writ petition, accordingly this Writ Petition is dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

[R.S.K., J.] [K.B., J.] 13.03.2024 Index : Yes/No Speaking Order : Yes/No Sgl To The Registrar, Central Administrative Tribunal, City Civil Court Buildings, Chennai - 600 104.

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R. SURESH KUMAR, J.

and K.KUMARESH BABU, J.

Sgl 13.03.2024 5/5