B.Rajasekaran v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2022

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.A(MD)No.692 of 2022 B.Rajasekaran ... Appellant Vs.

1.The Secretary, Department of Post, New Delhi - 110 001.

2.The Chief Postmaster General, Tamil Nadu Circle, Chennai - 600 002.

3.The Postmaster General, Central Region, Tiruchirapalli - 620 001.

4.The Superintendent of Post Offices, Pattukottai - 614 001, Thanjavur District.

5.Nirmaladevi ... Respondents Prayer: Writ Appeal filed under Clause 15 of the Letter Patent to set aside the order of this Court, dated 10.02.2022 passed in W.P.(MD)No.SR. 7181 of 2021.

For Appellant :Mr.B.Raja Sekaran, Party-in-Person *** 1/5

JUDGMENT

(Judgment of the Court was delivered by S.S.SUNDAR, J.) This Writ Appeal is directed against the order of the learned Single Judge of this Court in W.P.(MD)No.SR.7181 of 2021, dated 10.02.2022.

2.Since the prayer in the Writ Petition relates to the service of the appellant in the Postal Department, the Writ Petition was posted for maintainability and the learned Single Judge dismissed the Writ Petition at SR stage itself on the ground that in relation to service matters by the employees of Postal Department, the Central Administrative Tribunal alone will have the jurisdiction and the jurisdiction of High Court is ousted in respect of service matters of the Department of Government of India. Challenging the same, the above Writ Appeal is filed. 3.It is admitted by the appellant that with regard to the same issue, earlier the appellant along with five others filed Original Application No.830 of 2003 and the Central Administrative Tribunal dismissed the said application. Challenging the common order, dated 28.07.2004, passed by the Central Administrative Tribunal, the appellant along with other petitioners preferred W.P.No.3649 of 2000. The said Writ 2/5

Petition was also disposed of along with batch of cases and ultimately, the order of the Tribunal in the applications filed by the Writ Petitioners were upheld after considering the issues on merits. 4.It is admitted by the appellant that no further appeal has been filed by the appellant or any other persons as against the said order. Despite the fact that the claim raised by the appellant before this Court has been considered and held against him and the order of this Court in the Writ Petition has attained finality, the appellant seeks to challenge the finality of the proceedings on the ground that his constitutional rights and the fundamental rights guaranteed are infringed by the said order. 5.The appellant also advanced arguments that the respondents have committed several illegalities in violation his human rights.

Even before this Court, the appellant has raised several grounds, which are not germane to his claim. Referring to the fact that the similar claims were accepted by the High Court later, the appellant submitted that therefore, the appellant is entitled to canvas his right for violation of Articles 14, 15, 16, 19, 21 and 23 of the Constitution of India, as against the decision of the learned Single Judge regarding the maintainability of the Writ Petition.

maintainable.

6.This Court is unable to agree with any of the submissions of the appellant, who appears as party-in-person. Though this Court wanted him to know whether he is interested in getting any legal assistance, the appellant submitted that several Advocates have refused to accept his case. In such circumstances, this Court is of the view that there is no point in trying to convince the appellant. This Court find no irregularity in the order of the learned Single Judge. Hence, this Writ Appeal is dismissed. No costs.

[S.S.S.R., J.] [S.S.Y., J.] 12.07.2022 Index : Yes / No cmr 4/5

S.S.SUNDAR, J.

and S.SRIMATHY , J.

cmr W.A(MD)No.692 of 2022 12.07.2022 5/5