Dr.R.Premleela v. Union Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI and W.M.P.(MD) Nos.15804 & 15810 of 2020 Dr.R.Premleela ... Petitioner in W.P.[MD]No.18868/21 Dr.S.S.Dhanalakshmi ... Petitioner in W.P.[MD]No.18862/21 Vs.

1. Union of India, Represented by the Secretary, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi - 110 001.

2. The Indian Council of Medical Research, Represented by the Director General, Ansari Nagar, New Delhi - 110 029.

3. The Director, NIRRH-FU-ICMR, J.M.Street, Parel, Mumbai - 400 012.

4. The Dean, Madurai Medical College, Madurai.

5. The Officer-in-charge, Indian Council of Medical Research, Human Reproduction Research Centre, Madurai Medical College, Madurai.

... Respondents in all Writ Petitions COMMON P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writs of Mandamus, to direct the respondents to implement the order of Central Administrative Tribunal, Chennai in OA/310/00004/2018 dated 04.01.2018 to 1/3

regularize the petitioner's service commencing from the date of initial appointment 01.06.1989 & 02.01.1991, respectively, together with all consequential benefits and particularly the benefit of gratuity, medical leave encashment and pension benefits on par with regular staff of the Indian Council of Medical Research (ICMR) and for other consequential orders.

For Petitioners : Mr.V.Raghavachari For Respondent No.1 : Mr.S.Jeya Singh For Respondent No.4 : Mr.R.Baskaran Standing Counsel for Government [In both Writ Petitions] COMMON ORDER ******************** [Common Order of the Court was made by T.S.SIVAGNANAM, J.] With the consent on either side, this Writ Petition itself is taken up for final disposal.

2.We have heard Mr.V.Raghavachari, learned Counsel appearing for the petitioner, Mr.S.Jeya Singh, learned Counsel appearing for the first respondent and Mr.R.Baskaran, learned Standing Counsel for Government appearing for the fourth respondent. 3.These writ petitions have been filed to implement the order passed by the Central Administrative Tribunal in OA/310/00004/2018 dated 04.01.2018.

4.If according to the petitioners there is non-compliance of the directions issued by the Central Administrative Tribunal, the remedy lies elsewhere and this Court cannot function as a executing Court, executing the order passed by the Central Administrative Tribunal.

5.Accordingly, we dispose of these writ petitions with liberty to the petitioners to work out their remedy in accordance with law. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

MR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Dean, Madurai Medical College, Madurai.

+2 CC to M/s.S.JEYASINGH, Advocate (SR-23004 & 23005[F] dated 16/07/2021) +1 CC to M/s.V.RAGHAVACHARI, Advocate (SR-23284[F] dated 20/07/2021) 16.07.2021 RC (27.07.2021)3P-5C 3/3