IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 29.06.2017 CORAM:
THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.14245 of 2017 and WMP.No.15447 of 2017 Union of India rep.by its
1. The Chief Post Master General Tamil Nadu Circle Anna Salai Chennai 600 002.
2. The Superintendent RMS 'CB' Division Coimbatore 641 001. ...Petitioners vs.
1. M.Senthilkumar
2. The Central Administrative Tribunal Rep.by its Registrar Madras Bench Chennai 600 104. ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for a writ of certiorari to calling for the records of second respondent and quash the order dated 19.09.2016 in OA.No.323/2015 as unsustainable.
For Petitioner : Mr.V.P.Sengottuvel, SCGSC For Respondents : Mr.P.Rajendran, for R1
O R D E R
K.K. SASIDHARAN,J.
This writ petition is directed against the order dated 19 September 2016 in OA.No.323/2015, whereby and whereunder, the Madras Bench of Central Administrative Tribunal directed the petitioners to consider the candidature of the first respondent for compassionate appointment by placing it before the Circle Relaxation Committee and communicate the same to the first respondent.
2. The petitioners have filed the reply statement. According to the learned counsel, the Tribunal has not quashed the order impugned in the Original Application and as such, the order under challenge is liable to be quashed.
3. We have also heard the learned counsel for the first respondent.
4. The first respondent challenged the order dated 29 January 2015 before the Central Administrative Tribunal. The Tribunal was expected to consider the merits of the matter and pass orders in accordance with law. The Tribunal in its anxiety to do justice, directed the petitioners to consider the matter afresh, without even quashing the impugned order. We are therefore, of the view that the impugned order is liable to be set aside.
5. In the result, the order dated 19 September 2016 is set aside.
The application in OA.No.323/2015 is restored to file.
6. The Central Administrative Tribunal is requested to dispose of the Original Application as expeditiously as possible and in any case, within a period of two months from the date of receipt of a copy of this order.
The writ petition is allowed to the extent indicated above. No costs.
Consequently, connected miscellaneous petition is closed.
(K.K.SASIDHARAN.,J.) (M.DHANDAPANI.,J.) 29 June 2017 gms To The Central Administrative Tribunal Rep.by its Registrar Madras Bench Chennai 600 104.
K.K.SASIDHARAN,J.
and M.DHANDAPANI,J.
(dna/gms)
W.P.No.14245 of 2017
29.06.2017