P.Ramamoorthy v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice RMT.TEEKAA RAMAN and W.M.P.No.31911 of 2022 P.Ramamoorthy ..Petitioner Vs 1.Union of India represented by General Manager, Southern Railway, Chennai - 600 003.

2.The Chief Personal Officer, Southern Railway, Park Town, Chennai - 03.

3.The Divisional Personal Officer, Southern Railway, Tiruchirappalli.

..Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus directing the Central Administrative Tribunal (CAT), Chennai Bench, to dispose of O.A.No.1745 of 2017 within the time frame fixed by this Court.

For Petitioner : Mr.Ma.P.Thangavel For Respondents : Mr.K.Ramanamoorthi Panel Counsel

ORDER

This writ petition has been filed by the petitioner seeking a direction to the Central Administrative Tribunal (CAT), Chennai Bench, to dispose of O.A.No.1745 of 2017 within the time frame fixed by this Court. 2.

The petitioner appears to have filed O.A.No.1745 of 2017 in the CAT, Chennai Bench, for payment of his retiral benefits. It is his grievance that though the respondents therein had filed their reply, the matter is not being taken up for final disposal and therefore, he has filed the present writ petition with the above prayer.

3.

In paragraph no.7 of the affidavit, the petitioner has stated as follows:

"7) Eventually, the matter was listed on 04.11.2022 and I came from my native for attending the

case but shock and surprise it was shown in the cause list that the mater was adjourned to 24.04.2023, which is not only delay in getting the justice its amount to denial of justice. It is apposite to state that now I am running aged 72 years, senior citizen and my wife also underwent bypass surgery in the year 2021 and also suffering monetarily. Hence left with no alternative remedy except to approach this Hon'ble Court under Article 226 of the constitution of India to redress my grievance."

4.

The learned counsel for the respondents submitted that only one Bench comprising a Judicial Member and an Administrative Member is functioning in the CAT, Chennai Bench and in the light of huge pendency of cases there, they are unable to list the cases for final disposal. 5.

Under normal circumstances, we would loath to treat the CAT as a District Court and issue directions, as prayed for by the petitioner. However, taking into consideration the fact that the petitioner is 72 years old and is seeking terminal benefits, we are requesting the CAT, Chennai Bench, to dispose of O.A.No.1745 of 2017 within a period of six weeks from the date of receipt of a copy of this order on priority basis.

With the above directions, this writ petition stands disposed of. No costs.

(P.N.P., J.) (TKR., J.) 02.12.2022 nsd

To 1.The Registrar, Central Administrative Tribunal, Madras Bench.

2.The General Manager, Southern Railway, Chennai - 600 003.

3.The Chief Personal Officer, Southern Railway, Park Town, Chennai - 03.

4.The Divisional Personal Officer, Southern Railway, Tiruchirappalli.

P.N.PRAKASH.J., AND RMT.TEEKAA RAMAN.J., nsd 02.12.2022