T.Sekizhar v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE P. DHANABAL 1.T.Sekizhar 2.S.Vikeshwaran 3.T.Rajkumar 4.R.Angalan 5.P.Keerthivasan ... Petitioners versus 1.Union of India, Represented by Secretary to Government, Government of Puducherry, Chief Secretariat, Puducherry -605 001.

2.The Secretary to Government, Department of Personnel and Administrative Reforms, Personnel Wing, Chief Secretariat, Puducherry -605 001.

3.The Under Secretary to Government, Department of Personnel and Administrative Reforms, Personnel Wing, Chief Secretariat, Puducherry -605 001.

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4.The Registrar, Central Administrative Tribunal, Madras Bench, High Court Buildings, Chennai-600 004.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Certiorarified Mandamus to call for the records relating to interim order dated 21.07.2023 in O.A.No.545 of 2023 passed by the fourth respondent and quash the same and consequently grant an order of interim stay of all further proceedings in order No.A.34012/7/E1/2022/DP&AR(Exam) PF-9 dated 05.07.2023 passed by the third respondent and pass orders. For the Petitioners :Mr.M.Gnanasekar For the Respondents :Mr.Syed Mustafa Special Government Pleader for respondent Nos.1 to 3 R4- Tribunal

ORDER

(Order of the Court was made by D.KRISHNAKUMAR, J.) According to the petitioner, the writ petition has been filed challenging the interim order passed by the Tribunal dated 21.07.2023 in OA No.545 of 2023, by contending that the Tribunal has not considered the contention of the petitioner that the notification dated 05.07.2023 issued by the third respondent Department is contrary to their own guidelines and therefore, if the respondents proceed with the 2/6

filling up of vacancies, based on the said notification, the petitioner will be put to great hardship. He further states that the said notification passed by the third respondent Department is illegal and seeks for interim stay of all further proceedings in order No.A.34012/7/E1/2022/DP&AR (Exam) PF-9 dated 05.07.2023 passed by the third respondent.

2. Learned Special Government Pleader for the respondent Nos. 1 to 3 submitted that the respondents are ready with the reply statement and the same will be filed before the Tribunal in the said OA on the next hearing date.

3. Both the parties agreed for the early disposal of the said OA pending before the Tribunal.

4. Since the Tribunal has already granted an interim protection to the petitioner that the results of the aforesaid examination for the post of UDC, will be subject to the final outcome of the said OA, we do not wish to go into the merits of the case.

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5. In the light of the above, taking into consideration the urgency in the disposal of the said OA, we direct the Tribunal to consider the said OA No.545 of 2023 and pass orders on merits as early as possible within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above directions, the writ petition stands disposed of. In the meantime, the respondent shall also file their reply statement before the Tribunal. There will be no order as to costs. [D.K.K., J.] [P.D.B., J.] 06.10.2023 Index : Yes/No mrn 4/6

To 1.The Secretary to Government, Union of India, Government of Puducherry, Chief Secretariat, Puducherry -605 001.

2.The Secretary to Government, Department of Personnel and Administrative Reforms, Personnel Wing, Chief Secretariat, Puducherry -605 001.

3.The Under Secretary to Government, Department of Personnel and Administrative Reforms, Personnel Wing, Chief Secretariat, Puducherry -605 001.

4.The Registrar, Central Administrative Tribunal, Madras Bench, High Court Buildings, Chennai-600 004.

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D.KRISHNAKUMAR, J.

and P. DHANABAL, J.

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