Jayanthi Siva, v. Union Of India Rep By

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.5661 of 2018 and W.M.P.No.7003 of 2018

1. Jayanthi Siva

2. K.Amirthalakshmi

3. R.Ramya Perundevi

4. Vrinda Sundar Petitioners

Versus

1 Union of India Rep. by the The Comptroller and Auditor General of India 10 Bahadur Shah Zafar Marg New Delhi 110 002 2 Central Administrative Tribunal Madras Bench, Rep. by its Registrar City Civil Court Buildings High Court, Madras.

3 The Senior Deputy Accountant General (Admin) O/o. The Accountant General (A&E) Chennai 600 018

4. The Accounts Officer (Claims) O/o. The Accountant General (A&E) 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 of the 2nd Respondent culminating in the impugned order dated 22.02.2018 in so far as it pertains to O.A.1931/2017 and quash the same and direct the 2nd Respondent to grant interim stay of recovery from the salaries of the petitioners pursuant to order dated 02.02.2018 read with 14.02.2018 passed by the 3rd and 4th Respondents respectively, pending disposal of O.A.1931/2017 on the file of the 2nd Respondent.

For petitioner : Ms.L.Maithili for M/s.L.Maithili Associates For RR1, 3 & 4 : Mr.V.Vijay Shankar

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 petitioners seeking to stay the order passed by the authority reverting them 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 petitioners.

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 constituting 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 II) //True copy// Sub Assistant Registrar ssk.

To:

1 Union of India Rep. by the The Comptroller and Auditor General of India 10 Bahadur Shah Zafar Marg New Delhi 110 002

2 Central Administrative Tribunal Madras Bench, Rep. by its Registrar City Civil Court Buildings High Court, Madras.

3 The Senior Deputy Accountant General (Admin) O/o. The Accountant General (A&E) Chennai 600 018

4. The Accounts Officer (Claims) O/o. The Accountant General (A&E) Chennai 600 018.

+1cc to Mr.V.Vijay shankar, Advocate SR.No.38542 W.P.No.5661 of 2018 SVI(CO) GN(12/07/2018)