Anebousselvane.C. v. Jawaharlal Institute Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2017

CORAM

THE HONOURABLE Mr. JUSTICE K.K.SASIDHARAN AND THE HONOURABLE Mr. JUSTICE M.V.MURALIDARAN W.P.No.8991 of 2017 and W.M.P.Nos.9904 & 9927 of 2017 Anebousselvane C

...Petitioner

Vs.

1. Jawaharlal Institute of Post Graduate, Rep. by its Director, Dhanvantri Nagar,

2. The Deputy Director (Administration), Rep. by its Director, Dhanvantri Nagar,

3. G.Ramesh

4. The Registrar, Central Administrative Tribunal, Chennai Bench, High Court, Chennai - 600 104.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified mandamus, to call for the records of the O.A.No.310/01171/2016 on the file of the Central Administrative Tribunal, Chennai, and to quash the order dated 02.08.2016.

For Petitioner : Mr.R.Ponnusamy

O R D E R

K.K.SASIDHARAN,J.

This writ petition is directed against the order, dated 2 August, 2016, in the original Application in O.A.No.310/01171/2016, whereby and where under, the Madras Bench of the Central Administrative Tribunal disposed of the Original Application taking into account the limited prayer made by the petitioner.

2. Heard the learned counsel for the petitioner.

3. The petitioner filed Original Application before the Central Administrative Tribunal, seeking a direction to Jawaharlal Institute of Post Graduate Medical Education and Research (hereinafter referred to as "JIPMER") to consider his representation, dated 13 June 2016 and permit him to continue in service as Store Keeper against the existing vacancy.

4. Before the Tribunal, the learned counsel for the petitioner made a request to consider the representation of the petitioner, without in any way being affected by the earlier order passed by the Tribunal. The Tribunal pursuant to the said request passed an order directing JIPMER to consider the representation, dated 13 June 2016, without affecting the earlier order dated 7 June, 2016.

5. There is no question of considering the legality and correctness of the order passed by the Tribunal, in view of the fact that the relief claimed by the petitioner has already been granted. It cannot be said that the petitioner is aggrieved by the order passed by the Tribunal. The petitioner only wanted a direction to JIPMER to consider his representation, without affecting the earlier order, dated dated 7 June, 2016. The Tribunal granted the said relief. We are therefore of the view that there is no cause of action for the petitioner to file this writ petition.

6. In the up shot, we dismiss the writ petition. No costs. Consequently, connected miscellaneous petitions are closed. -s/dAssistant Registrar(CCC) True Copy Sub-Assistant Registrar svki To 1.The Director Dhanvantri Nagar,

2. The Director The Deputy Director (Administration), Dhanvantri Nagar,

3. The Registrar, Central Administrative Tribunal, Chennai Bench, High Court, Chennai - 600 104.

+1 cc to Mr.R.Poonusamy Advocate sr 22509 W.P.No.8991 of 2017 sv(co) aa04/05/2017