M.Muthukumar, v. Government Of Puducherry,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.02.2024
CORAM
THE HON'BLE Mr. JUSTICE R.SURESH KUMAR AND THE HON'BLE Mr. JUSTICE K.KUMARESH BABU W.P.No.4192 of 2024 and W.M.P.Nos.4504 and 4505 of 2024 M.Muthukumar ... Petitioner Vs.
1.Government of Puducherry, By its Chief Secretary, Chief Secretariat, Goubert Avenue, Puducherry - 650 001.
2.Government of Puducherry, By Secretary to Government (Power) Chief Secretariat, Goubert Avenue, Puducherry - 650 001.
3.Government of Puducherry, Electricity Department, By its Superintending Engineer cum HOD, No.137, NSC Bose Salai, Puducherry - 650 001.
4.The Central Administrative Tribunal, By its Registrar, Chennai Bench, High Court Campus, Chennai - 104.
... Respondents 1/6
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 interim order dated 21.12.2023 in O.A.No.1073/2023 and to quash the same.
For Petitioner : Mr.J.Srinivasa Mohan For R1 to R3 : Mr.R.Syed Mustafa Additional Government Pleader (P) For R4 : Tribunal
ORDER
(Order of the Court was made by R.SURESH KUMAR, J.) This writ petition has been filed against the interim order passed by the Central Administrative Tribunal, Chennai, by order dated 21.12.2023, under which the OA was admitted, the respondents therein were directed to file a short reply within a week and it was directed to list the matter on 08.01.2024. It was further directed that, it was made clear that the said promotions, if any, effected are subject to the outcome of the OA.
2. Despite the date has been fixed on 08.01.2024, thereafter it has not been taken up for hearing and it has been adjourned for a long time, 2/6
that itself is a complaint of the writ petitioner/applicant that they are not able to get an interim order which is imminent, because, if the promotions are given effect to that would prejudice the interest of the applicant, Mr.J.Srinivasa Mohan, learned counsel appearing for the applicant/writ petitioner contended.
3. Heard Mr.R.Syed Mustafa, learned Additional Government Pleader appearing for the respondents 1 to 3 who would submit that, the reply is ready, it would be filed within a day or two, therefore in any date the main OA itself can be taken up for hearing and he would be ready to get along with the case.
4. The said submission made by the learned counsel appearing for both sides have been taken into account and accordingly we dispose of the present writ petition with the following orders: (i) That the respondents in the OA who are the respondents herein also, shall file a reply, if any, on or before 23.02.2024.
(ii) Taking note of the said fact, the Tribunal is hereby requested to take up either the OA for final disposal or for 3/6
the purpose of consideration of grant of interim relief and decide the same on merits within a period of two weeks thereafter.
5. With these directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [R.S.K., J.] [K.B., J.] 20.02.2024 Index : Yes / No Speaking Order : Yes / No Note :Issue order copy on 20.02.2024 Sgl 4/6
To 1.Chief Secretary, Government of Puducherry, Chief Secretariat, Goubert Avenue, Puducherry - 650 001.
2.The Secretary to Government (Power) Government of Puducherry, Chief Secretariat, Goubert Avenue, Puducherry - 650 001.
3.Superintending Engineer cum HOD, Government of Puducherry, Electricity Department, No.137, NSC Bose Salai, Puducherry - 650 001.
4.The Registrar, Central Administrative Tribunal, Chennai Bench, High Court Campus, Chennai - 104.
5/6
R. SURESH KUMAR, J.
AND K.KUMARESH BABU, J.
Sgl 20.02.2024 6/6