M.Rajesaker v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.6.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.12395 of 2018 and W.M.P.No.14535 of 2018 M.Rajesaker Petitioner

Versus

1 The Union of India Rep. by its Secretary Ministry of Home Affairs Government of India New Delhi-110 001 2 The Union Territory of Puducherry Rep. by its Chief Secretary Government of Puducherry Puducherry.

3 The Secretary to Government (Finance) Department of Finance Government of Puducherry Puducherry.

4 A.Mohanty 5 K.Sridhar 6 G.Srinivas 7 The Registrar Central Administrative Tribunal Chennai Bench Additional City Civil Court Building Chennai-600 102.

Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records relating to the impugned order passed by the Central Administrative Tribunal Chennai in MA.No.310/00213/2018 in O.A.No.310/01449/2016 dated 7.5.2018 and quash the same.

For petitioner : Mr.G.Masilamani, Senior Counsel for Mrs.Vijayakumari Natarajan For R1 : Mr.N.Ramesh For RR2 to 6 : Mr.Syed Mustafa, Special Government Pleader (Puducherry) For R7 : Tribunal

ORDER

(Order of the court was made by HULUVADI G.RAMESH,J.) Heard the learned Senior Counsel appearing for the appellant, Mr.N.Ramesh, learned counsel, who takes notice on behalf of the first respondent and Mr.Syed Mustafa learned Special Government Pleader, who takes notice on behalf of Government of Puducherry.

2. It appears that the writ petitioner, an Assistant Commissioner of Commercial Taxes, who is said to be aggrieved against the action on the part of the authority in nonconsidering his candidature for the promotion to the post of Deputy Commissioner of Commercial Taxes in the Union Territory of Puducherry, has approached the Central Administrative Tribunal and as against the order passed by the Tribunal in declining to grant the interim relief sought for, the writ petitioner has knocked the doors of this court.

3. It further appears though the interim relief was declined by the Tribunal, only for want of constitution of Division Bench of the Central Administrative Tribunal, there is a delay in taking up the main case and only during the fist of week of every month, another Member is sitting and taking up the cases. Such being the case, in the interest of justice, we request the Tribunal to take up the main case itself in the first week of July and dispose of the same at the earliest to facilitate the parties to take further action. In the meanwhile, counter shall be filed in the main case before the Tribunal to have proper adjudication in the matter. The writ petition is disposed of accordingly. No costs. The connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

ssk.

To:

1 The Secretary, The Union of India Ministry of Home Affairs Government of India New Delhi-110 001 2 The Chief Secretary The Union Territory of Puducherry Government of Puducherry Puducherry.

3 The Secretary to Government (Finance) Department of Finance Government of Puducherry Puducherry.

4 The Registrar Central Administrative Tribunal Chennai Bench Additional City Civil Court Building Chennai-600 102.

+1cc to Mrs.Vijayakumari Natarajan, Advocate sr.no.37796 +1cc to Government Pleader in sr.no.38051 W.P.No.12395 of 2018 nr 20/06/2018