Postal Pensioners Association v. The Union Of India,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 04.07.2019

CORAM:

THE HON'BLE MR.JUSTICE K.RAVICHANDRABAABU and THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.18844 of 2018 and W.M.P.(MD) No.3107 of 2019 Postal Pensioners Association, Sattur (registration No.241/2010), Rep. by its Secretary, D.Chellappa, S/o M.Daniel, Having office at 4/251. E-Bharathi Nagar, NGO Colony, Sattur 626 203.

Virudhunagar District.

... Petitioner vs.

1) The Union of India, Rep. by the Chief Postmaster General, Tamil Nadu Circle, Chennai 600 002

2) The Senior Superintendent of Post Offices, Virudhunagar Division, Virudhunagar.

3) The General Manager, Postal Accounts and Finance, O/o the General Manager, Postal Accounts and Finance, Tamil Nadu Circle, Chennai 600 008 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to implement the order passed by the Central Administrative Tribunal, Madras Bench, Madras dated 10.06.2014 in O.A.No.1315/2012.

For Petitioner : Mr.M.Kalamurugappan For Respondents : Mr.S.Jeyasingh

O R D E R

(Order of this Court was made by K.RAVICHANDRABAABU, J.) This Writ Petition is filed seeking for a Mandamus directing the respondents to implement the orders passed by the Central Administrative Tribunal, Madras Bench dated 10.06.2014 in O.A.No.1315/2012.

2. Heard Mr.M.Kalamurugappan, learned counsel for the petitioner and Mr.S.Jeyasingh, learned counsel appearing for the respondents.

3. It is stated that the Central Administrative Tribunal, by its order dated 10.06.2014 made in O.A.No.1315 of 2015 directed the respondents therein, to refix the pension of the members of the Petitioner's Association and pay them the arrears consequent upon such re-fixation of pension. It is further stated that the said order was not complied with by the respondents in its strict sense. However, the learned counsel for the respondents submitted that though the said order of the Central Administrative Tribunal was challenged in the writ petition and since the said writ petition was subsequently dismissed, the respondents have implemented the order of the Central Administrative Tribunal and arrears of amount is also paid to the respective petitioners.

4. The learned counsel for the petitioner submitted that though it is stated that they have complied with the orders passed by the Central Administrative Tribunal, in so far as the petitioner is concerned, he has some grievance. Therefore, he contended that the representation made by the petitioner dated 24.03.2018 to the third respondent may be directed to be considered and in the line of the order already passed by the Central Administrative Tribunal.

5. Therefore, without expressing any view on the merits of the claim made by the petitioner, this Writ Petition is disposed of by directing the third respondent to consider the said representation and pass orders on the same on merits and in accordance with law, also by taking note of the order already passed by the Central Administrative Tribunal, Madras Bench in O.A.No.1315 of 2015 dated 10.06.2014. Such exercise shall be done by the third respondent within a period of three (03) months from the date of receipt of a copy of this order. No costs. Consequently, connected W.M.P.(MD) No.3107 of 2019 is closed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To

1) The Chief Postmaster General, Union of India, Tamil Nadu Circle, Chennai 600 002

2) The Senior Superintendent of Post Offices, Virudhunagar Division, Virudhunagar.

3) The General Manager, Postal Accounts and Finance, O/o the General Manager, Postal Accounts and Finance, Tamil Nadu Circle, Chennai 600 008 +1 CC to M/s.S.JEYASINGH, Advocate ( SR-73526[F] dated 04/07/2019 ) +1 CC to M/s.M.KALA MURUGAPPAN, Advocate ( SR-73558[F] dated 05/07/2019 ) STS Order made in W.P.(MD)No.18844 of 2018 04.07.2019 KM/(12.07.2019) 3P 6C