P.Mohan Krishna v. Surveyor General Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2019 CORUM THE HONOURNABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.No.31893 of 2018 and W.M.P.No.37129 of 2018 P.Mohan Krishna

...Petitioner

Vs.

1. Surveyor General of India Survey of India, Post box No.37, Hathibarkala Estate, Dehradun - 248 001 (Uttarkhand)

2. Union of India represented by The Secretary, Ministry of Schience & Technology Technology Bhavan, New Mehrauli Road, New Delhi - 110 016.

3. Union of India represented by The secretary, Department of Personnel & Training, JCA Division, North block, New Delhi 110 001.

4. The Registrar, Central Administrative Tribunal, City Civil Court Building, Chennai - 600 104.

... Respondents 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 fourth respondent Tribunal culminating the impugned docket order dated 05.11.2018 made in O.A.No.1506 of 2018 and quash the same and direct the fourth respondent to dispose the above O.A.No.1506 of 2018.

For Petitioner : Mr.R.Priyakumar For Respondents : Mr.K.Gunasekar, S.P.C.C.G. for R1 to R3

O R D E R

(Order of the Court was made by K.K.SASIDHARAN, J.,) The order reverting the petitioner from the post of Survey Officer to the post of Surveyor was challenged before the Central Administrative Tribunal in O.A.No.310 of 2018. The petitioner also filed interim application for stay. The Tribunal, by order dated 05.11.2018, declined to grant interim order. The said order is under challenge at the instance of the petitioner in the Original Application.

2. This Court, taking into account, the prima facie case made out by the petitioner granted interim order on 10.12.2018 directing the parties to maintain status quo. The said order has been extended from time to time.

3. We are informed that the first respondent is yet to file counter affidavit in the Original Application. Since, this Court has already protected the interest of the petitioner during the currency of the Original Application, the said benefit should continue to him till the disposal of the Original Application.

4. We direct the respondents 1 to 3 to file a counter affidavit in the Original Application within a period of six weeks from today. The Tribunal is directed to dispose of the Original Application on merits and in accordance with law. Such exercise shall be completed on or before 21.10.2019. The interim order of status quo would be in operation till the disposal of the Original Application by the Central Administrative Tribunal.

5. The writ petition is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is dismissed.

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

1. Surveyor General of India Survey of India, Post box No.37, Hathibarkala Estate, Dehradun - 248 001 (Uttarkhand)

2. The Secretary, Union of India, Ministry of Schience & Technology Technology Bhavan, New Mehrauli Road, New Delhi - 110 016.

3. The Secretary, Union of India Department of Personnel & Training, JCA Division, North block, New Delhi 110 001.

4. The Registrar, Central Administrative Tribunal, City Civil Court Building, Chennai - 600 104.

+1cc to Mr.R.Priyakumar , Advocate SR.No. 47311 +1cc to Mr.K.Gunasekar, Advocate SR.No. 47187 W.P.No.31893 of 2018 A.SK(07/08/2019)