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Union Of India Rep By vs M.Nagaraj

Madras High Court|29 June, 2017

JUDGMENT / ORDER

K.K. SASIDHARAN,J.
The petitioner made application for compassionate appointment before the third respondent. Since the application was not considered, the petitioner filed Original Application before the Madras Bench of Central Administrative Tribunal.
2. The Tribunal, even without giving an opportunity to the petitioners to file reply statement, disposed of the Original Application with a direction to consider the case of the first respondent as per the then existing Scheme. The order is under challenge at the instance of the Postal Department.
3. Heard the learned counsel for the petitioners. None appeared on behalf of the first respondent in spite of printing his name after service privately.
4. 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 claim made by the first respondent without giving sufficient opportunity to them to file reply statement. We are therefore, of the view that the impugned order is liable to be set aside.
5. In the result, the order dated 29 April 2016 is set aside. The matter is remanded to the Tribunal for fresh consideration.
6. The petitioners are given three weeks time to file reply statement. The Tribunal is requested 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 as indicated above. No costs. Consequently, connected miscellaneous petition is closed.
(K.K.SASIDHARAN.,J.) (M.DHANDAPANI.,J.) 29 June 2017 dna/gms To The Registrar Central Administrative Tribunal Madras Bench Chennai - 600 104.
K.K.SASIDHARAN,J.
and M.DHANDAPANI,J.
(dna/gms) W.P.No.13988 of 2017 29.06.2017
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Title

Union Of India Rep By vs M.Nagaraj

Court

Madras High Court

JudgmentDate
29 June, 2017