K.Mari v. The Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.11.2019

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE N.SESHASAYEE WP.NOS.32957, 32959 & 32960/2019 K.Mari ..Petitioner in WP.No.32957/2019 E.Balakrishnan ..Petitioner in WP.No.32959/2019 N.Rajendran ..Petitioner in WP.No.32960/2019

Versus

1. The Registrar Central Administrative Tribunal Chennai Bench.

2. Union of India rep.by the General Manager Southern Railway, Park Town Chennai 600 003.

3. The Divisional Railway Manager Chennai Division, Southern Railway Chennai 600 003.

4. The Senior Divisional Personnel Officer Chennai Division, Southern Railway Chennai 600 003.

.. Respondents Common Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus calling for the records of the 1st respondent relating to the oral order dated 22.03.2019 in OA.Nos.393, 402 and 386/2017 respectively as far as the petitioners are concerned and quashing the same in the Batch O.A., starting from OA.No.385 of 2017 dated 22.03.2019 and directing the respondents No.2 to 4 for granting temporary status from 10.05.1981 ; 27.10.1979 and 21.06.1980 in stead of 01.01.1984, 01.01.1983 with consequential benefit and refixing the petitioners' basic pay.

For Petitioners in all WPs.

:

Mr.P.Chandrasekaran For RR2 to 4 :

Mr.P.T.Ramkumar R1 :

Tribunal COMMON ORDER [Order of the Court was made by M.SATHYANARAYANAN, J.,] (1)By consent, the writ petitions are taken up for final disposal. Mr.P.T.Ramkumar, learned Standing counsel accepts notice on behalf of the respondents 2 to 4.

(2)The petitioner in WP.No.32957/2019 is the Original Applicant in OA.No.393/2017 ; the petitioner in WP.No.32959/2019 is the Original Applicant in OA.No.402/2017 and the petitioner in WP.No.32960/2019 is the Original Applicant in OA.No.386/2019 on the file of the Central Administrative Tribunal / 1st respondent herein.

(3)The petitioners along with 19 others, had filed the Original Applications on the file of the 1st respondent / Tribunal, praying for quashment of the records related to the conferment of temporary status to them and to direct the official respondents to refix their basic pay with effect from 10.05.1981 ; 27.10.1979 and 21.06.1980 respectively with all attendant benefits as in the case of S.Thirunavukkarasu and pass such further orders.

(4)The 1st respondent/Tribunal, vide common order dated 22.03.2019, had dismissed all the Original Applications. (5)Mr.P.Chandrasekaran, learned counsel for the petitioners fairly brought to the knowledge of this Court that two writ petitioners similarly placed, viz., Tvl.B.Vadivelu and M.Raju @ Raji - Applicants in OA.Nos.1368 & 1355/2016, had approached this Court by filing WP.Nos.29791 and 29793/2019, making a challenge to the similar order and vide common order dated 21.10.2019, this Court had dismissed both the writ petitions. (6)The Court heard the submissions of Mr.P.T.Ramkumar, learned standing counsel appearing for respondents 2 to 4 also. (7)In view of the dismissal of WP.Nos.29791 and 29793/2019 [B.Vadivelu and Another Vs. The Registrar, Central Administrative Tribunal, Chennai Bench, Chennai and 3 others] by this Court, vide common order dated 21.10.2019, no case is made out for interfering with the impugned common order passed

by the Tribunal dated 22.03.2019 in the Original Applications in OA.Nos.393, 402 and 396/2017 filed by the present writ petitioners.

(8)In the result, the writ petitions stand dismissed at the admission stage itself, confirming the order passed by the Tribunal dated 22.03.2019 in OA.Nos.393, 402 and 386/2017. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar AP To

1. The Registrar Central Administrative Tribunal Chennai Bench.

2. The General Manager Union of India Southern Railway, Park Town Chennai 600 003.

3. The Divisional Railway Manager Chennai Division, Southern Railway Chennai 600 003.

4. The Senior Divisional Personnel Officer Chennai Division, Southern Railway Chennai 600 003.

+3cc to Mr.P.Chandrasekaran, Advocate, S.R.No.98267 +3cc to Mr.P.T.Ramkumar, Advocate, S.R.No.98555 to 98557 WP.Nos.32957, 32959 & 32960/2019 BP(CO) CS/22/01/2020