IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.06.2017 CORAM THE HONOURABLE Mr. JUSTICE K.K.SASIDHARAN AND THE HONOURABLE Mr. JUSTICE M.V.MURALIDARAN W.P.No.8727 of 2017 and W.M.P.No.9576 of 2017
1. Union of India, rep. by the Government of Puducherry through the Secretary to Government (Education) Chief Secretariat, Puducherry.
2. The Director of School Education, Perunthalaivar Kamarajar Centenary Complex, Ellapillaichavady, Puducherry. ... Petitioners Vs.
1. Vijula 2.Sajitha
3. Anima Pavithran 4.Anagha.A.V.
5.Shamna.M. 6.Minimol 7.Deepthi Haridas 8.Veena.M.P.
9.Jeeshma.M.K. 10.Abhina.K.K. 11.Nidhina.K.V.
12.The Registrar, Central Administrative Tribunal, Chennai - 600 104. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, calling for the records of the impugned order dated 05.04.2017 in M.A.No.984 of 2016 in O.A.No.95 of 2014 on the file of the 12th respondent Tribunal and quash the same.
For Petitioners : Mr.R.Syed Mustafa For R1 : Mr.D.Bharatha Chakravarthy O R D E R K.K.SASIDHARAN,J.
The failure on the part of the petitioners to file reply statement made the Central Administrative Tribunal to direct the Secretary to Government, Government of Union Territory of Puducherry, to appear on 12.04.2017. The order is under challenge in this writ petition.
2. Heard the learned Special Government Pleader on behalf of the petitioners. We have also heard Mr.D.Bharatha Chakravarthy, learned counsel appearing on behalf of the first respondent.
3. The petitioners have taken up a contention that they were not served with the material papers either by the counsel for the parties or by the Tribunal and that was the reason for the delay in filing the reply statement. The petitioners have already filed reply statement
4. In view of the contention taken by the petitioners that they were not served with material papers, the Tribunal ought to have given sufficient time to the Government to file reply statement, instead of directing the Secretary to appear in person. We are therefore of the view that the impugned order is liable to be set aside.
5. In the result, the order dated 6 April, 2017 is set aside.
6. In the up shot, we allow the writ petition. No costs.
Consequently, connected miscellaneous petition is closed.
svki To The Registrar,
(K.K.SASIDHARAN.,J.) (M.V.MURALIDARAN.,J.)
7 June 2017
Central Administrative Tribunal, Chennai - 600 104.
K.K.SASIDHARAN.,J.
and M.V.MURALIDARAN.,J.
(svki)
W.P.No.8727 of 2017 07.06.2017 http://www.judis.nic.in