S.Namachivayam v. Union Of India
2025:MHC:1803
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.07.2025
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN and W.M.P.Nos.21619 & 21621 of 2025 1.S.Namachivayam 2.K.Kalaiselvan .. Petitioners Vs.
1.Union of India, Rep by its Chairman / Under Secretary, Ministry of Health & Family Welfare, Department of Health & Family Welfare, Room No.201-D, Nirman Bhawan, New Delhi - 110 011.
2.Indian Red Cross Society, Tamil Nadu Branch Rep by Administrative Committee, Hon'ble Justice (Retd) M.Jaichandren, Chairman, No.32/50, Red Cross Road, Egmore, Chennai - 600 008. 3.The Finance and Administrative Officer, Indian Red Cross Society, Tamil Nadu Branch, 1/6
4.The Chairman, Executive Committee, Indian Red Cross Society, Tamil Nadu Branch, 5.The Chairman, Managing Committee, Indian Red Cross Society, Tamil Nadu Branch, .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of Hon'ble Central Administrative Tribunal, Chennai Bench, quash its impugned common order dated 26.03.2025 in OA/310/00889 AND OA/310/00890/2024 AND MA/31000740 AND 741/2024 and allow both O.A.No.889 of 2024 and O.A.No.890 of 2024 and consequently direct respondents to retain 1st petitioner immediately as Senior Administrative Officer and 2nd petitioner as Public Relation Officer.
For Petitioners :
Mr.I.Arockia Selvaraj For R1 :
Mr.K.Srinivasamurthy SPC CG For RR 2 to 5 :
Mr.K.Nishanth 2/6
O R D E R
(Order of the Court was made by M.S.RAMESH, J.) Before the Central Administrative Tribunal, the petitioners herein had challenged the order of suspension passed by the Adhoc Committee of the Indian Red Cross Society of the Tamil Nadu Branch. The Tribunal through the order impugned in the writ petition, had over ruled the objections of the applicants by recording that the Adhoc Committee's decision to suspend, constitutes a policy decision and upholding that it was only exercising its day to day affairs. We are in agreement with the findings of the Tribunal.
2.At this juncture, the learned counsel for the respondents submitted that pending the writ petition, the petitioners herein were terminated from service by the Adhoc Committee on 15.07.2025. If the petitioners are aggrieved against their termination, the appropriate remedy would be to challenge the same in a manner known to law and no effective orders can be passed to the prayer sought for in the writ petition. On this ground also, the writ petition also does not require consideration.
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3.It is also brought to our notice that the Rules of the Indian Red Cross Society of the Tamil Nadu Branch provides for an appellate remedy under Clause 5.7, read with Rule 5.12(e). However, since the appellate authority is not functioning as on date, the petitioners are granted liberty to approach the Central Administrative Tribunal, challenging the termination order, if they chooses to do so. 4.With the above liberty, this Writ Petition stands closed. Consequently, the connected miscellaneous petitions are closed. No costs.
(M.S.R., J) (V.L.N., J) 21.07.2025 krk Index : Yes Internet : Yes : Yes 4/6
To 1.Union of India, Rep by its Chairman / Under Secretary, Ministry of Health & Family Welfare, Department of Health & Family Welfare, Room No.201-D, Nirman Bhawan, New Delhi - 110 011.
2.Indian Red Cross Society, Tamil Nadu Branch Rep by Administrative Committee, Hon'ble Justice (Retd) M.Jaichandren, Chairman, No.32/50, Red Cross Road, Egmore, Chennai - 600 008. 3.The Finance and Administrative Officer, Indian Red Cross Society, Tamil Nadu Branch, 4.The Chairman, Executive Committee, Indian Red Cross Society, Tamil Nadu Branch, 5.The Chairman, Managing Committee, Indian Red Cross Society, Tamil Nadu Branch, 5/6
M.S.RAMESH, J.
and V.LAKSHMINARAYANAN, J.
krk 21.07.2025 6/6