IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 14.06.2017 CORAM:
THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE M.V.MURALIDARAN W.P.No.9819 of 2017and WMP.No.10813 of 2017
1. Union of India, Rep.by Chief Postmaster General Tamilnadu Circle Anna Salai Chenani 600 002.
2. The Senior Superintendent of Post Offices Tiruvannamalai Division Tiruvannamalai Distirct. ...Petitioners vs.
1. M.Saravanan
2. Central Administrative Tribunal Rep.by its Registrar Madras Bench Chennai 600 014. ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying a writ of certiorari or any other appropriate writ, order or direction in the nature of writ calling for the records of second respondent and quash the order dated 22.04.2016 in OA.No.728/2016 as the same is unsustainable.
For Petitioner : Mr.V.P.Sengottuvel (SCGSC) For Respondent : Mr.P.Rajendran for R1 R2 - Tribunal
O R D E R
K.K. SASIDHARAN,J.
The first respondent filed Original Application in O.A.No.728 of 2016 before the Central Administrative Tribunal challenging the order dated 04 September 2015 rejecting his request for compassionate appointment. The Tribunal, during the admission stage itself, allowed the application. The Tribunal, without quashing the impugned order, directed consideration of the case of the petitioner afresh. The order is under challenge in this writ petition.
2. We have heard the learned counsel for the petitioners. We have also heard the learned counsel for the first respondent.
3. The first respondent challenged the order dated 04 September 2015 before the Tribunal. The Tribunal was expected to consider the legality and correctness of the order challenged in the Original Application. The Tribunal in its anxiety to dispose of the matter, allowed the Original Application during the time of admission, but without quashing the impugned order. Since merits of the matter have not been considered by the Tribunal, we are inclined to quash the impugned order dated 04 September 2015 in O.A.No.728 of 2016.
4. In the result, the order dated 04 September 2015 is set aside.
The application in O.A.No.728 of 2016 is restored to file.
5. The Tribunal is requested to give reasonable opportunity to the petitioners to file reply statement. There shall be a further request to the Tribunal to dispose of the Original Application as expeditiously as possible and in any case, within a period of three months from the date of receipt of a copy of this order.
The writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.
dna/gms (K.K.SASIDHARAN.,J.) (M.V.MURALIDARAN.,J.) 14 June 2017 To The Registrar Central Administrative Tribunal Madras Bench Chennai 600 014.
K.K.SASIDHARAN,J.
and M.V.MURALIDARAN,J.
(dna/gms) W.P.No.9819 of 2017 14.06.2017 http://www.judis.nic.in