S.Alagammal, v. The Govt. Of India,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.17559 of 2015 S.Alagammal ... Petitioner Vs.

1.The Government of India, Rep by its Secretary, Ministry of Communications & Information and Technology, Electronics Niketan, 6, CGO Complex, Lodhi Road, New Delhi 110 003.

2.The Secretary & Chair Person, Postal Services Board and Director General, Postal Service, Dak Bhavan, Sansad Marg, New Delhi 110 001.

3.The Chief Poster General, The APMG (Legal Cell), Tamil Nadu Circle, Chennai 600 002.

4.The Post Master General, Central Region, Tamil Nadu, Trichirapalli 620 001.

5.The Senior Superintendent of Post Office, Thanjavur District, Thanjavur 613 001.

6.The Government of Tamil Nadu, Rep. by its Chief Secretary, Secretariat, Chennai 600 009.

7.The Secretary to Government, Adi-Dravidar & Tribals Welfare Department, Secretariat, Chennai 600 009.

8.The Commissioner, Tribals Welfare Department Chepauk, Chennai 600 005.

9.The District Collector, Madurai District, Madurai 20.

10.The Revenue Divisional Officer, Madurai 20.

11.The Tahsildar, South Taluk, Madurai 20.

12.The Adi Dravidar & Tribal Welfare Officer, Madurai 20.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1, 2, 3, 6 and 7 respondents to take stringent action against Respondents 4, 5 and 9 since the petitioner suffered torture mental agony sleepless nights and lost loss of peaceful life and loss of future for the last 8 years and further directed to compensate Rs.50,00,000/- (Rupees Fifty lakshs only) by considering the petitioner's representation dated 18.09.2015. For Petitioner : Mr.S.M.Mohammed Saleem For Respondents 1-5 : Mr.N.Shanmugaselvan For Respondents 6 to 12 : Mr.M.Alagadevan, Special Government Pleader.

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) The prayer in the writ petition is to direct the respondents 1,2,3,6 and 7 to take action against the respondents 4, 5 and 9 for the suffering, torture, mental agony, sleepless nights, loss of peaceful life suffered by the petitioner at the instance of the respondents 4,5 and 9 and for compensation. 2.The petitioner states that she has made a representation on the above lines. However, in the affidavit filed in support of this writ petition, we find certain basic facts are missing. The petitioner states that she joined on 07.04.1982 as postal assistant by virtue of a scheduled tribe community certificate which came to be cancelled which date has not been

mentioned. The petitioner refers some antedated disciplinary proceedings and consequent to which, she was relieved from service.

3.Be that as it may, now based on the orders of the Central Administrative Tribunal, dated 12.01.2015, the petitioner has made representation to the authority to consider her new community certificate which was considered and rejected by the authority by proceedings dated 23.02.2015. The said order has not been challenged. Without challenging the said order, the petitioner cannot maintain this writ petition. Further, the affidavit filed in support of this writ petition is bereft of details and lack of focus and intended to cause apprehension on the minds of the authorities by threat. When there is a specific order passed by the fifth respondent rejecting the representation in accordance with the order passed by the Central Administrative Tribunal, we find no reason to entertain this writ petition for the above said relief.

4.Accordingly, the writ petition is dismissed. No costs. Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai 600 009.

2.The Secretary to Government, Adi-Dravidar & Tribals Welfare Department, Secretariat, Chennai 600 009.

3.The Commissioner, Tribals Welfare Department Chepauk,Chennai 600 005.

4.The District Collector, Madurai District, Madurai 20.

5.The Revenue Divisional Officer, Madurai 20.

6.The Tahsildar, South Taluk, Madurai 20.

7.The Adi Dravidar & Tribal Welfare Officer, Madurai 20.

8.The Secretary, Government of India, Ministry of Communications & Information and Technology, Electronics Niketan, 6, CGO Complex, Lodhi Road, New Delhi 110 003.

9.The Secretary & Chair Person, Postal Services Board and Director General, Postal Service, Dak Bhavan, Sansad Marg, New Delhi 110 001.

10.The Chief Poster General, The APMG (Legal Cell), Tamil Nadu Circle, Chennai 600 002.

11.The Post Master General, Central Region, Tamil Nadu, Trichirapalli 620 001.

12.The Senior Superintendent of Post Office, Thanjavur District, Thanjavur 613 001.

+1cc to Mr.S.M.Mohammed Saleem,Advocate Sr.No.57055 +1cc to Spl.GOvernemnt Pleader Sr.No. 57499 sms AA/AAL-MPA/13.10.2015/4p-15c Writ Petition (MD) No.17559 of 2015 29.09.2015