M.Madhappan, v. Steel Authority Of India Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2024

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.No.287 of 2017 M.Madhappan ... Petitioner Vs 1.Steel Authority of India Limited, Salem Steel Plant, Represented by its Executive Director, Mohan Nagar, Salem Taluk, Salem District - 636 013.

2.Steel Authority of India Limited, Represented by its Chairman, Ispat Bhavan, Lodhi road, New Delhi - 110 001.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the respondents in connection with the impugned communication bearing Reference Number PL-3 (L861) dated 03.03.2016 enclosing the communication of 29.02.2016 bearing Page No: 1/6

Ref.No:PER/COORDN/G/SSP/16/2/2 and quash the same and further direct the respondent herein to accord the petitioner the benefit on compassionate grounds, in the Salem Steel Plant and to pass further orders.

For Petitioner : Mr.R.Murali Krishnan For Respondents : Mr.A.Ilango

ORDER

This Writ Petition has been filed questioning the communication bearing Reference Number PL-3 (L861) dated 03.03.2016 and an another communication of 29.02.2016 bearing Ref.No:PER/COORDN/G/SSP/16/2/2 issued by the respondent Organisation.

2. In response to the direction of this Court, the respondent filed a counter affidavit by stating that the respondent Organisation, is notified under Section 14(3) of Administrative Tribunal Act, 1985 by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) New Delhi vide SO.No.727 (E) dated 31.03.2010 conferring the jurisdiction on the Central Page No: 2/6

Administrative Tribunal to adjudicate all the claims of the employees relating to their service conditions and a copy of the said notification is also placed before this Court.

3. In view of the same, if the petitioner is aggrieved against the impugned proceedings, he has to avail the remedy of an appeal before the Central Administrative Tribunal, Chennai but not under Article 226 of the Constitution of India.

4. Therefore, this Writ Petition cannot be entertained by this Court and accordingly, the same is dismissed by granting liberty to the petitioner to avail the remedy before the Central Administrative Tribunal, Chennai, within a period of four (4) weeks from the date of receipt of a copy of this order. In case, any such application is filed within the stipulated time, the same shall be adjudicated on merits without reference to the delay in approaching the Central Administrative Tribunal. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Page No: 3/6

02.04.2024 gba Index : Yes/No Speaking order : Yes/No To 1.Steel Authority of India Limited, Salem Steel Plant, Represented by its Executive Director, Mohan Nagar, Salem Taluk, Salem District - 636 013.

2.Steel Authority of India Limited, Represented by its Chairman, Ispat Bhavan, Lodhi road, New Delhi - 110 001.

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MUMMINENI SUDHEER KUMAR ,J.

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