A.Arul Jothi v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.11.2019
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE N.SESHASAYEE W.P.No.30314 of 2019 A.Arul Jothi .. Petitioner Vs 1.The Union of India Rep by its Under Secretary Union Public Service Commission Special Cell II Section Dholpur House Shahjahan Road New Delhi - 110 069.
2.The Union of India Rep by it Secretary Ministry of Health and Family Welfare New Delhi.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying to direct the Central Administrative Tribunal, Chennai, to dispose of the petitioner case in original application in O.A.No.1627 of 2016 at the earliest by issuing Writ of Mandamus. For Petitioner :Mr.V.S.Jagadeesan For Respondents :Mr. V.Chandrasekaran
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.] The writ petitioner is the applicant in O.A.No.1627 of 2016, and he was aged about 34 years at the time of filing the Original Application, during the year 2016.
The case of the petitioner is that pursuant to the notification issued by the first respondent, calling for recruitment for the post of Drug Inspector, including various other posts, the petitioner has submitted his application through online for the post of "Drug Inspector" and that he had passed the written test conducted by the first respondent, and his name has been shortlisted in the selected candidates. Be that as it may, the petitioner received a letter from the first respondent dated 06.07.2016, stating that his application for the said post came to be cancelled on the ground that he is over aged under the General Category. Aggrieved which, he filed O.A.No.1627 of 2017 before the Central Administrative Tribunal, Chennai and the same has been entertained.
2. According to the learned counsel appearing for the petitioner that though the pleadings are completed, the matter has been adjourned repeatedly, for nonappearance of the respondent counsel and for no valid reason, it is pending before the Tribunal for more than three years and no priority was accorded for early disposal of the said application, prays for appropriate direction of this Court, to direct the Tribunal to accord priority and to give an early disposal to O.A.No.1627 of 2017, within a stipulated time frame.
3. Mr.V.Chandrasekaran, learned counsel appearing on behalf of the respondents would submit that he would request his counter part to lend his support for early disposal of the said original application.
4. This Court has considered the rival submissions and also perused the materials placed before it.
5. When this writ petition was listed for hearing on 24.10.2019, this Court having taken note of the fact that repeatedly very many writ petitions of this kind are filed, making similar prayers, seeking expeditious hearing and disposal of the Original Applications pending on the file of Central Administrative Tribunal Chennai, this Court had called for a report from the Central Administrative Tribunal, Chennai Bench, and responding to the same, the Registrar of the Tribunal has submitted his response dated 08.11.2019, and the contents of the same would disclose that, at present totally 3483 cases are pending before the Tribunal, of which, 3336 cases are the Original Applications, and out of the said 3336 Original Applications, 1343 cases belong to the year 2009-2016 and since there is only one Bench functioning, difficulty is
being experienced by them to accord priority in disposing the original applications.
6. In the light of the above facts and circumstances, especially the report of the Registrar of the Central Administrative Tribunal, Chennai Bench, dated 08.11.2019, this Court could understand the reason for belated listing and disposal of the original applications. However, considering the claim made by the petitioner, this Court requests the Central Administrative Tribunal, Chennai Bench, to accord priority and give a disposal to O.A.No.1627 of 2016, filed by the petitioner, on merits, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar ds To:
1.The Union of India Rep by its Under Secretary Union Public Service Commission Special Cell II Section Dholpur House Shahjahan Road New Delhi - 110 069.
2.The Union of India Rep by it Secretary Ministry of Health and Family Welfare New Delhi.
3. The Registrar, Central Administrative Tribunal, Chennai.
+1cc to Mr.V.S.Jagadeesan , Advocate SR.No. 97689 W.P.No.30314 of 2019 bp (CO) A.SK(25/11/2019)