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Ramani Srinith (41 Years) v. The Director

2018-11-01Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Thursday, the First day of November Two Thousand Eighteen PRESENT THE HON`BLE MR JUSTICE S.M.SUBRAMANIAM WP NO.30231 OF 2013 1 RAMANI SRINITH [ PETITIONERS ] 2 SENTHILVADIVU 3 THILAGAVATHY SEGAR 4 CASTOURY 5 MUGANTHI 6 INDIRANI 7 SUMATHI VELAYUTHAM 8 RANI 9 THILAGAVATHY Vs 1 THE DIRECTOR [ RESPONDENTS ] JIPMER, PUDUCHERY 2 THE DEPUTY DIRECTOR (ADMINISTRATION) JIPMER, PUDUCHERY.

3 V.BUVANESWARI 4 V.SANSANKARI 5 V.VIMALA 6 K.DJEASOUDHA 7 THE REGISTRAR, CENTRAL ADMINISTRATIVE TRIBUNAL, MADRAS BENCH, HIGH COURT CAMPUS, CHENNAI-104.

Writ Petitions under Article 226 of the Constitution of India praying that in these circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to issue WRIT OF CERTIORIFIED MANDAMUS, or any other writ or order or direction in the nature of writ, calling for the records of the 2nd respondent relating to fixation of seniority of Nursing Sister through his proceeding No. Estt.24(6)/2005 dated 12.3.2013 and quash the same in so far as the petitioners are concerned and direct the respondents 1 & 2 to

prepare a fresh panel of seniority in the cadre of Nursing Sister placing the petitioners above the respondents 3 to 6 according to their seniority in the said cadre (in WP.No.30231/13 Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.V.RAJENDRAN Advocate for the petitioner and of M/S.M.T.ARUNAN Central Government Standing Counsel for 1 & 2 respondents and 3 to 6 respondents not appearing either in person or by an advocate the court made the following order:- The relief sought for in the present writ petition is to quash the order passed by the 2nd respondent in proceedings dated 12.03.2013.

2. The respondent is Jipmer, Puducherry and the said organization is notified under the provisions of the Administrative Tribunal Act. Accordingly, the present writ petition cannot be entertained by this Court under Article 226 of the Constitution of India.

3. In this view of the matter, as the relief sought is to be adjudicated before the Central Administrative concerned, the present writ petition in WP.No.30231 of 2013, is transferred to the Central Administrative Tribunal, Chennai Bench. The Registry of High Court of Madras is directed to transmit all the case papers to the Central Administrative Tribunal, Chennai Bench without any delay.

-sd/- 01/11/2018 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE DIRECTOR JIPMER, PUDUCHERY 2 THE DEPUTY DIRECTOR, (ADMINISTRATION) JIPMER, PUDUCHERY.

3 THE REGISTRAR, CENTRAL ADMINISTRATIVE TRIBUNAL, MADRAS BENCH, HIGH COURT CAMPUS, CHENNAI-104.

C.C. to M/S.V.RAJENDRAN Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in WP.30231/2013 Date :01/11/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 08.11.2018