Premila Kumar v. Central Administrative Tribunal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.12.2020

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA WP.No.16971/2020 Premila Kumar .. Petitioner

Versus

1.Central Administrative Tribunal Madras Bench, rep.by its Registrar High Court Campus, High Court Buildings Chennai 600 104.

2.Union of India rep.by its Director General of Civil Aviation Civil Aviation Department Rajiv Gandhi Bhavan, Opp.To Safdurjung Airport New Delhi 110 003.

3.Deputy Director of Administration O/o.Director General of Civil Aviation Opp.To Safdurjung Airport New Delhi 110 003.

4.Airports Authority of India rep.by its Regional Executive Director Southern Region, Chennai Airport Meenambakkam, Chennai 600027.

.. Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari calling for the concerned records from the 1st respondent, quash the order of the 1st respondent Tribunal passed in OA.No.968 of 2015 dated 20.06.2016 and permit the petitioner to withdraw OA.No.968 of 2015.

For Petitioner :

Mr.Balan Haridas For RR 2 to 4 :

Mr.G.Karthikeyan Assistant Solicitor General

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.]

(1) By consent, the writ petition is taken up for final disposal and is disposed of by this order.

(2)Mr.G.Karthikeyan, learned Assistant Solicitor General accepts notice on behalf of the respondents 2 to 4. (3)The petitioner filed OA.No.968 of 2015 and so also, one Santhanamuthu and M.Dhanapal, in OA.Nos.966 and 967 of 2015 before the Central Administrative Tribunal, Madras Bench [in short ''the Tribunal''] / 1st respondent herein and the Tribunal, vide common order dated 20.06.2016, in OA.Nos.966 to 968 of 2015, had passed orders with certain directions. (4)The learned counsel for the petitioner would submit that in the light of the communication dated 19.03.2019, sent by the Directorate General of Civil Aviation, Ministry of Civil Aviation, Government of India, the petitioner may be permitted to withdraw the Original Application in OA.No.

968 of 2015 and she may be granted liberty to take appropriate proceedings in the event of her claim under the said proceedings, is negatived. He has also drawn the attention of this Court to the order dated 23.01.2020 made in WP.No.1337 of 2020 - S.Jayagopal V. Central Administrative Tribunal, Madras Bench, rep.by its Registrar, Chennai-104 and 3 others] as well as yet another order dated 11.02.2020 made in WP.No.1562 of 2020 - K.Amaladoss V. Central Administrative Tribunal, Madras Bench, rep.by its Registrar, Chennai-104 and 3 others].

(5)The Court heard the submissions of Mr.G.Karthikeyan, learned Assistant Solicitor General appearing for respondents 2 to 4.

(6)This Court, taking into consideration the arguments advanced and the materials placed, permits the petitioner to withdraw OA.No.968 of 2015 and in the event of the petitioner suffers any adverse order, she is always at liberty to avail the remedy in accordance with law before the appropriate and competent Forum.

(7)The writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP

To 1.The Registrar Central Administrative Tribunal Madras Bench, High Court Campus, High Court Buildings Chennai 600 104.

2.The Director General of Civil Aviation Union of India, Civil Aviation Department Rajiv Gandhi Bhavan, Opp.To Safdurjung Airport New Delhi 110 003.

3.Deputy Director of Administration O/o.Director General of Civil Aviation Opp.To Safdurjung Airport New Delhi 110 003.

4.Regional Executive Director Airports Authority of India Southern Region, Chennai Airport Meenambakkam, Chennai 600027.

+1 cc to M/S Balanharidas, Advocate Sr.38960 +1 cc to M/S G.karthikeyan, Asst. Sikucutor General of India Sr.39346 WP.No.16971/2020 SRA(CO) RVR 19/12/2020