Union Of India, Owning v. The Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.12.2017
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.Nos.27965 and 26966 of 2017, W.M.P.Nos.30014 to 30016 of 2017 and W.M.P.Nos.32888 and 32889 of 2017 1 Union of India owning Southern Railway rep. by its Additional Divisional Railway Manager II Chennai Division First Floor Park Town Chennai-600 003 2 The Sr. Divisional Commercial Manager Divisional Railway Manager's Office Second Floor Chennai Division 3 The Dy. Chief Commercial Manager/R & FM/MAS & Inquiry Officer Chief Commercial Manager's Office Ground Floor General Manager's Office Building Petitioners
Versus
1 The Registrar Central Administrative Tribunal Chennai Bench Chennai 600 104 2 Ms.S.Rosaline Arokia Mary 3 Ms.A.V.Yogachitra 4 Ms.P.Nirupana 5 Mrs.A.Manju 6 Ms.S.Sakunthala 7 Ms.T.Anitha
8 Ms.B.K.Navaneetham 9 Ms.K.Suchethapani 10 Ms.D.Vijayamala Respondents Prayer: Writ petitions filed under Article 226 of the Constitution of India seeking issuance of a writ of calling for the entire records of the 1st respondent in M.A.Nos.727 and 728 of 2017 in O.A.No.585 of 2017 including the order dated 13.10.2017 and quash the same. For petitioners : Mr.R.Thiyagarajan, Senior Counsel for P.T.Ramkumar For RR 2 to 10 : Mr.Muthukumaraswamy, Senior Counsel Mr.C.K.Chandrasekar COMMON ORDER (Order of the court was made by RMT.TEEKAA RAMAN,J.) Learned counsel appearing for the employees/respondents 2 to 10 would submit that originally, they filed O.A.No.
585 of 2017 at the stage of issuance of charge memo for the proposed domestic enquiry relating to various charges and during the pendency of the Original Application before the Central Administrative Tribunal, the Railways/appellants herein have passed final order terminating the services of the contesting private respondents and hence, they had been constrained to file miscellaneous application in M.A.No.727 of 2017 for amendment of prayer and M.A.No.728 of 2017 seeking stay of operation of the order dated 5.9.2017 of the second appellant herein which were allowed as against the said order, the Railways have preferred these writ petitions and interim stay has been obtained.
The learned counsel would further submit that since there was an appeal remedy provided before the appellate authority as per the Service Rule, they may be permitted to withdraw the main O.A.
Administrative Tribunal and to file appeal before the Department as per the Service Rules.
2. In view of the above submission, the writ petitions are disposed of permitting the contesting private respondents herein to withdraw the main O.A. pending before the Central Administrative Tribunal within a period of two weeks from today making it clear that it is open to them to prefer appeal before the Department, within a period of two weeks from the date of withdrawal of the O.A. pending before the Central Administrative Tribunal. No costs. The connected miscellaneous petitions are closed. (H.G.R.,J.)(T.K.R.,J.) 11.12.2017.
Index:Yes/No Internet:Yes/No ssk.
Note to office:- Issue copy of this order by 14.12.2017.
To:
1 Union of India owning Southern Railway rep. by its Additional Divisional Railway Manager II Chennai Division First Floor Park Town Chennai-600 003 2 The Sr. Divisional Commercial Manager Divisional Railway Manager's Office Second Floor Chennai Division
3 The Dy. Chief Commercial Manager/R & FM/MAS & Inquiry Officer Chief Commercial Manager's Office Ground Floor General Manager's Office Building 4 The Registrar Central Administrative Tribunal Chennai Bench Chennai 600 104
HULUVADI G. RAMESH, J.
AND RMT.TEEKAA RAMAN, J ssk.
W.P.Nos.27965 and 27966 of 2017 11.12.2017.