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Madras High CourtWP/10967/2023dismissed

K.Dhamodharan v. The Central Administrative Tribunal - Chennai Bench

2023-04-27Honourable Ms.Justice V.M.Velumani,Honourable Mr Justice V. Lakshminarayanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.04.2023

CORAM

THE HONOURABLE Ms. JUSTICE V.M.VELUMANI AND THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN AND W.M.P.Nos.10865 & 10867 of 2023 K.Dhamodharan .. Petitioner Vs.

1.The Central Administrative Tribunal Chennai Bench Rep. by its Registrar Additional City Civil Court Building High Court Campus Chennai 600 104 2.The Director General V.Ramalingaswami Bhawan PO Box No.4911, Ansari Nagar 1/6

3.The Administrative Officer (Admin) ECD-I Department V.Ramalingaswami Bhawan PO Box No.4911, Ansari Nagar 4.The Director National Institute for Research in Tuberculosis-ICMR No.1, Mayor Sathyamoorthy Road Chetpet, Chennai 600 031 5.Dr.G.Prathiksha Chairperson Internal Complaints Committee National Institute for Research in Tuberculosis-ICMR No.1, Mayor Sathyamoorthy Road Chetpet, Chennai 600 031 6.The Head of the Department of Epidemiology ICMR-NIRT, Thiruvallur 7.The Director NIRTH-ICMR NIRTH Complex Nagpur Road P.O.-Garha Jabalpur 482 003 Madhya Pradesh 8.The Administrative Officer ICMR-National Institute for Research in Tuberculosis No.1, Mayor Sathyamoorthy Road Chetpet, Chennai 600 031 .. Respondents 2/6

Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records in connection with an impugned order passed by the 1st respondent Tribunal in O.A.No.851 of 2022 dated 14.02.2023 and the order passed by the 3rd respondent in ref No.NIRT/MISC/2018-ECD-1 dated 04.07.2022 and quash the same, consequently direct the 2nd respondent to permit the petitioner to continue in ICMR NIRTTiruvallur Unit. For Petitioner : Mr.D.Muthukumar for M/s.Paul and Paul For R2 to R8 : Mr.K.Srinivasa Murthy Standing Counsel

O R D E R

(Order of the Court was made by V.M.VELUMANI, J.) This writ petition has been filed to quash the impugned order passed by the 1st respondent Tribunal in O.A.No.851 of 2022 dated 14.02.2023 and for a direction to the 2nd respondent to permit the petitioner to continue in ICMR NIRTTiruvallur Unit.

2. Heard Mr.D.Muthukumar, learned counsel appearing for the petitioner as well as Mr.K.Srinivasa Murthy, learned Standing Counsel appearing for the respondents 2 to 8 and perused the entire materials on record. 3/6

3. Learned counsel appearing for the petitioner submitted that as per the order of the Tribunal, the petitioner has given a representation to the 3rd respondent to post him in the nearby State, instead of Jabalpur.

4. Learned counsel appearing for the respondents/ICMR submitted that the representation of the petitioner was considered and by an order dated 17.04.2023, the petitioner was permitted to join duty in Bengaluru. He also produced a copy of the said order dated 17.04.2023.

5. Learned counsel appearing for the petitioner submitted that the petitioner will join duty in ICMR-NCDIR, Bengaluru, within 15 days from today. Recording the above submissions of the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents/ICMR, this writ petition is closed. No costs. Connected miscellaneous petitions are closed. (V.M.V.,J.) (V.L.N.,J.) 27.04.2023 Index : Yes/No gya Issue order copy by 28.4.2023 4/6

To 1.The Registrar Central Administrative Tribunal Chennai Bench Additional City Civil Court Building High Court Campus, Chennai 600 104 2.The Director General V.Ramalingaswami Bhawan, PO Box No.4911, Ansari Nagar 3.The Administrative Officer (Admin) ECD-I Department V.Ramalingaswami Bhawan, PO Box No.4911, Ansari Nagar 4.The Director National Institute for Research in Tuberculosis-ICMR No.1, Mayor Sathyamoorthy Road, Chetpet, Chennai 600 031 5.Dr.G.Prathiksha Chairperson Internal Complaints Committee National Institute for Research in Tuberculosis-ICMR No.1, Mayor Sathyamoorthy Road, Chetpet, Chennai 600 031 6.The Head of the Department of Epidemiology ICMR-NIRT, Thiruvallur 5/6

V.M.VELUMANI, J.

AND V.LAKSHMINARAYANAN, J.

gya 7.The Director NIRTH-ICMR NIRTH Complex Nagpur Road P.O.-Garha Jabalpur 482 003 Madhya Pradesh 8.The Administrative Officer ICMR-National Institute for Research in Tuberculosis No.1, Mayor Sathyamoorthy Road Chetpet, Chennai 600 031 27.04.2023 6/6