R.Gopal, S/O.Rajaram v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-09-2016 CORAM :
THE HON'BLE MR. JUSTICE A.SELVAM and THE HON'BLE MR. JUSTICE P.KALAIYARASAN Writ Petition No.30353 of 2016 1 R.Gopal S/o.Rajaram 65 VII Cross Street Health Employees Colony Nainarmandapam Pondicherry - 605 004 2 P.Aroquidadasse S/o.Perianayagam 54 2nd Main Road 5th Cross Moogambigai Nagar Nainarmandapam Puducherry- 605 004 Petitioners Vs 1 The Union of India Rep by its Chief Secretary to the Government of Pondicherry Chief Secretariat (Education) Secretariat Pondicherry-1 2 The Under Secretary to Government (School Education) Directorate of School Education (Secretariat Wing) Government of Pondicherry Secretariat Pondicherry-1 3 The Union Public Service Commission Rep by its Secretary Dholpur House Shahjahan Road New Delhi-110 069 4 The Registrar Central Administrative Tribunal Madras Bench Chennai Respondents
Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorari fied mandamus Calling for the records pertaining to the interim order dated 8.1.2016 passed by the 4th respondent in O.A. No.310/ 01495/2015 quash the same and consequently direct the respondents 1 to 3 to permit the petitioners to participate in the selection pursuant to the Notification Vacancy No.15081021308 published in the Employment News dated 8.8.2015 to 14.8.2015 For petitioners .. Mrs. R. Vaigai for M/s. S. Meenakshi For Respondents .. Mr. Syed Mustafa, GP(Pondicherry) for RR1 and 2 Mr. R. Priya Kumar for R3
ORDER
(Order of the Court was made by A.SELVAM, J.) This Writ Petition has been filed under Article 226 of the Constituition of India,praying to issue a Writ of Certiorarified Mandamus, calling for the records, relating to the order dated 8.1.2016 passed in Original Application No.310/0149/2016 by the Central Administrative Tribunal, Madras Bench and quash the same.
2. It is averred in the Original Application that the petitioners, as applicants, have filed Original Application No.310/0149/2016 on the file of the Central Administrative Tribunal, Madras Bench, praying to quash the Notification Vacancy No.15081021308 published in the Employment News dated 8.8.2015 to 14.8.2015, wherein the present respondents 1 to 3 have been shown as respondents.
3. During the pendency of Original Application No.310/0149/2016, the Central Administrative Tribunal, Madras Bench, has passed the following interim order: "Any selection to the post of Principal pursuant to the Notification Vacancy No.15081021308 published in the Employment News dated 8.8.2015 to 14.8.2015 will be subject to the final outcome of the OA."
The Interim order passed by the Central Administrative Tribunal, Madras Bench is being challenged in the present writ petition. 4.
The learned counsel appearing for the writ petitioners has contended with great vehemence to the effect that in the impugned Notification, the upper age limit has been fixed at 40 and the petitioners have already attained the age of
50. Under the said circumstances, even though the petitioners have put in long years of service, they are not able to participate in the selection for the post of Principal and the under the said circumstances, the Original Application No.310/0149/2016 has been filed, but the Central Administrative Tribunal, Madras Bench has erroneously passed the interim order and the same is liable to be quashed.
5. Per contra, the learned counsel appearing for the third respondent has equally represented that as per the impugned Notification, selection has been done on 31.8.2016. Under the said circumstances, the relief sought on the side of the petitioners cannot be granted.
6. It is an admitted fact that Original Application No.310/0149/2016 has been filed, praying to set aside the Notification Vacancy No.15081021308 published in the Employment News dated 8.8.2015 to 14.8.2015. It is also equally an admitted fact the the Central Administrative Tribunal, Madras Bench has passed the interim order mentioned supra.
7. Considering the plea raised on the side of the petitioners and also considering the nature of the relief sought in the Original Application No.310/0149/2016 as well as interim order passed by the Central Administrative Tribunal, this Court is of the view to give the following direction to the Central Administrative Tribunal, to dispose of Original Application No.310/0149/2016 subject to the condition mentioned infra: In fine, the Writ Petition is disposed of with the above observations.
The Central Administrative Tribunal, Madras Bench is directed to dispose of Original Application No.310/0149/2016 before the end of 16.9.2016. Till then, the statusquo is ordered to be maintained.
-s/d- Assistant Registrar(CSVI) True Copy Sub-Assistant Registrar ajr
To 1 Chief Secretary to the Government of Pondicherry Chief Secretariat (Education) Secretariat Pondicherry-1 2 The Under Secretary to Government (School Education) Directorate of School Education (Secretariat Wing) Government of Pondicherry Secretariat Pondicherry-1 3 Secretary The Union Public Service Commission Dholpur House Shahjahan Road New Delhi-110 069 4 The Registrar Central Administrative Tribunal Madras Bench Chennai +1 cc to M/s.S.Meenakshi Advocate sr 50737 dt:09/09/2016 +1 cc to M/s.R.Priyakumar Advocate sr 49995 +1 cc to Government Pleader Writ Petition No.30353 of 2016 aa02/09/2016