Madras High CourtWP/11877/2017disposed of

Union Of India v. V.Sivagami

2017-08-18Honourable Dr Justice G. Jayachandran,Honourable Mr Justice Huluvadi G. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.No.11877 of 2017

1. Union of India rep.by the Chief Post Master General Tamil Nadu Circle Anna Salai Chennai 600 002

2. The Superintendent of RMS Chennai Sorting Division Chennai 600 008 ..

Petitioners -vs1. V.Sivagami

2. The Central Administrative Tribunal rep.by its Registrar Madras Bench Chennai 600 104 ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, calling for the records of second respondent and quash the order dated 05.04.2016 in O.A.No.310/00448/2015 as the same is unsustainable.

For Petitioners ::

Mr.V.P.Sengottuvel Senior Central Government Standing Counsel For Respondents ::

Mr.R.Malaichamy for R1 R2-Tribunal

ORDER

(Order of the Court was delivered by G.JAYACHANDRAN, J.) The petitioners have filed the writ petition seeking issuance of a Writ of Certiorari, calling for the records of second respondent and quash the order dated 5.4.2016 in O.A.No.310/00448/2015.

2. Heard the learned Senior Central Government Standing Counsel for the petitioners and the learned counsel for the first respondent.

3. The learned Senior Central Government Standing Counsel for the petitioners submitted that the Tribunal has erred in directing the petitioners to consider the candidature of the first respondent herein for compassionate appointment as per the scheme of the year 1999. Since, due to the order of the Supreme Court, the old scheme has already been scrapped and a new scheme for accommodating the wards of employees died in harness has come into force, that portion of the direction of the Tribunal may be expunged.

4. As submitted by the learned Senior Central Government Standing Counsel for the petitioners, it is not pragmatic for the authorities to implement the old scheme which has been given up as per the direction of the Supreme Court and after formulation of the new scheme. Therefore, expunging that portion of the direction of the Tribunal, we direct the petitioners to consider the case of the first respondent for compassionate appointment under the new

scheme taking note of her long standing request for compassionate appointment even as early as on 31.8.2000. With this direction, the writ petition stands disposed of. Consequently, W.M.P.No.12800 of 2017 is closed. No costs. Index : yes/no (H.G.R.,J.) (G.J.,J.) 18.08.2017 ss To

1. The Registrar Central Administrative Tribunal Madras Bench Chennai 600 104

2. The Chief Post Master General Tamil Nadu Circle Anna Salai Chennai 600 002

3. The Superintendent of RMS Chennai Sorting Division Chennai 600 008

HULUVADI G.RAMESH, J.

AND G.JAYACHANDRAN, J.

ss W.P.No.11877 of 2017 18.08.2017