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Madras High CourtWP/13790/2017disposed of

Union Of India v. N.Thenmozhi

2017-08-07Honourable Dr Justice G. Jayachandran,Honourable Mr Justice Huluvadi G. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.No.13790 of 2017

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

2. The Circle Relaxation Committee rep.by the Chairman Tamil Nadu Chennai

3. The Postmaster General Central Region Tiruchirappalli ..

Petitioners -vs1. N.Thenmozhi

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 the second respondent and quash the order dated 22.04.2016 passed in O.A.No.731 of 2016, as the same is unsustainable.

For Petitioners ::

Mr.V.P.Sengottuvel Senior Central Government Standing Counsel

For Respondents ::

Mr.V.Stalin for Mr.R.Jayaprakash for R1 R2-Tribunal

ORDER

(Order of the Court was delivered by HULUVADI G.RAMESH, J.) Heard the learned counsel for the parties.

2. It appears that even without allowing the petitioners to file counter, by the impugned order, a positive direction has been issued by the Central Administrative Tribunal. According to the petitioners, they have applied the 2010 Scheme, but, however, the same has not been considered by the Central Administrative Tribunal.

3. In our view, when the petitioners were not allowed to file their counter clarifying the position, it requires re-consideration at the hands of the Central Administrative Tribunal, as the matter relates to compassionate appointment. Accordingly, the matter is hereby remitted back to the Central Administrative Tribunal and we request the Central Administative Tribunal to dispose of the matter within a period of three months from the date of receipt of a copy of this order, after allowing the petitioners to file their counter as well to raise all other contentions, in accordance with law. The writ petition stands disposed of accordingly. Consequently, W.M.P.No.14984 of 2017 is closed. No costs. Index : yes/no (H.G.R.,J.) (G.J.,J.) 07.08.2017 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 Chairman Circle Relaxation Committee Tamil Nadu Chennai

4. The Postmaster General Central Region Tiruchirappalli

HULUVADI G.RAMESH, J.

AND G.JAYACHANDRAN, J.

ss W.P.No.13790 of 2017 07.08.2017