Union Of India v. K.J.Arunmozhi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2017

CORAM:

THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE V.PARTHIBAN W.P.No.15122 of 2014 Union of India, Rep. by General Manager Heavy Alloy Penetrator Project (HAPP) Ministry of Defence, Tiruchirappalli - 620 025.

...Petitioner

vs.

1.K.J.Arunmozhi 2.The Registrar, Central Administrative Tribunal Chennai - 600 104.

3.The Chairman, State Level Scrutiny Committee and Secretary to Government, Adi Dravidar and Tribal Welfare Department, Fort St.George, Secretariat, Chennai -9.

...Respondents

(R3 impleaded as per order dated 23.06.2014 by NPVJ and MSNJ in MP.No.2/14 in WP.15122/14 and WPMP.137/14 in WP.No.40132/05 Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari, calling for the records of the second respondent in impugned order dated 02.04.0214 in O.A.No.1347 of 2011 and quash the same.

For Petitioner : Mr.T.L.Thirumalaisamy Central Govt.Standing Counsel For Respondents: Mr.V.Vijaya Shankar for R1 Mr.V.Subbiah, Spl.G.P. for R3 R2 - Tribunal

O R D E R

K.K. SASIDHARAN,J.

The first respondent filed O.A.No.1347 of 2011 to give him promotion as Machinist Highly Skilled I. The said Original Application was allowed by the Tribunal. The said order is under challenge in this writ petition.

2. When the writ petition was taken up for hearing, the learned counsel for the first respondent submitted that subsequently, the community certificate of the first respondent was cancelled and the same was challenged by him in W.P.No.17741 of 2016.

3. In view of the subsequent events, resulting in cancelling the community certificate of the first respondent, the order passed by the Tribunal is liable to be set aside. However, this order would not stand in the way of the first respondent from claiming benefits, claimed in the Original Application, in case, the writ petition in W.P.No.17741 of 2016 is allowed restoring his community certificate.

4. The writ petition is disposed of with the above observation. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar svki To 1.The Registrar, Central Administrative Tribunal Chennai - 600 104.

2.The Chairman, State Level Scrutiny Committee and Secretary to Government, Adi Dravidar and Tribal Welfare Department, Fort St.George, Secretariat, Chennai -9.

+1cc to M/S.V.Vijayshankar, Advocate Sr.8983 +1cc to M/S.M.T.Arunan, Advocate Sr.8760 +1cc to Mr.T.L.Thirumalaisamy, Advocate sr.8627 W.P.No.15122 of 2014 rsi[co] srg 2/3/2017