Dismissed

Anebousselvane.C. v. Jawaharlal Institute of

Madras HC13 Apr 2017WP/8991/2017

Case brief

AI extract

What is this about?

The Madras High Court dismissed a writ petition filed against an order of the Central Administrative Tribunal (CAT). The Court held that since the relief sought by the petitioner had already been granted in the impugned order, there was no cause of action to file this writ petition.

What did the court decide?

The writ petition was dismissed; no costs awarded; connected miscellaneous petitions closed.

Anebousselvane.C. Vs Jawaharlal Institute of — Service and Employment | Madras HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.04.2017 CORAM THE HONOURABLE Mr. JUSTICE K.K.SASIDHARAN AND THE HONOURABLE Mr. JUSTICE M.V.MURALIDARAN

¶2

W.P.No.8991 of 2017 and W.M.P.Nos.9904 & 9927 of 2017

Anebousselvane C

...Petitioner

Vs.

Jawaharlal Institute of Post Graduate,

¶7

Medical Education & Research (JIPMER),

¶8

Rep. by its Director, Dhanvantri Nagar, Puducherry – 605 006.

¶9

The Deputy Director (Administration),

¶10

Jawaharlal Institute of Post Graduate, Medical Education & Research (JIPMER),

¶11

Rep. by its Director, Dhanvantri Nagar, Puducherry – 605 006.

¶12

G.Ramesh

¶13

The Registrar,

¶14

Central Administrative Tribunal, Chennai Bench, High Court, Chennai – 600 104. ... Respondents

¶15

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified mandamus, to call for the records of the O.A.No.310/01171/2016 on the file of the Central Administrative Tribunal, Chennai, and to quash the order dated 02.08.2016.

¶16

For Petitioner : Mr.R.Ponnusamy

¶17

O R D E R

¶18

K.K.SASIDHARAN,J.

¶19

This writ petition is directed against the order, dated 2 August, 2016, in the original Application in O.A.No.310/01171/2016, whereby and where under, the Madras Bench of the Central Administrative Tribunal disposed of the Original Application taking into account the limited prayer made by the petitioner.

¶20

https://hcservices.ecourts.gov.in/hcservices/

¶21

Heard the learned counsel for the petitioner.

¶22

The petitioner filed Original Application before the Central Administrative Tribunal, seeking a direction to Jawaharlal Institute of Post Graduate Medical Education and Research (hereinafter referred to as "JIPMER") to consider his representation, dated 13 June 2016 and permit him to continue in service as Store Keeper against the existing vacancy.

¶23

Before the Tribunal, the learned counsel for the petitioner made a request to consider the representation of the petitioner, without in any way being affected by the earlier order passed by the Tribunal. The Tribunal pursuant to the said request passed an order directing JIPMER to consider the representation, dated 13 June 2016, without affecting the earlier order dated 7 June, 2016.

¶24

There is no question of considering the legality and correctness of the order passed by the Tribunal, in view of the fact that the relief claimed by the petitioner has already been granted. It cannot be said that the petitioner is aggrieved by the order passed by the Tribunal. The petitioner only wanted a direction to JIPMER to consider his representation, without affecting the earlier order, dated dated 7 June, 2016. The Tribunal granted the said relief. We are therefore of the view that there is no cause of action for the petitioner to file this writ petition.

¶25

In the up shot, we dismiss the writ petition. No costs. Consequently, connected miscellaneous petitions are closed.

¶26

-s/d-

¶27

Assistant Registrar(CCC)

¶28

True Copy

¶29

Sub-Assistant Registrar

¶30

svki To

¶31

1.The Director Jawaharlal Institute of Post Graduate, Medical Education & Research (JIPMER), Dhanvantri Nagar,

¶32

Puducherry – 605 006.

¶33

https://hcservices.ecourts.gov.in/hcservices/

¶34

The Director The Deputy Director (Administration), Jawaharlal Institute of Post Graduate, Medical Education & Research (JIPMER), Dhanvantri Nagar, Puducherry – 605 006.

¶35

The Registrar, Central Administrative Tribunal, Chennai Bench, High Court, Chennai – 600 104. +1 cc to Mr.R.Poonusamy Advocate sr 22509 W.P.No.8991 of 2017 sv(co) aa04/05/2017

¶36

https://hcservices.ecourts.gov.in/hcservices/

Anebousselvane.C. v. Jawaharlal Institute of

Case brief

What is this about?

What did the court decide?

Anebousselvane.C. v. Jawaharlal Institute of

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

G.Deepak Vs The Revenue Divisional

Sridevi Narmadha Vs The Chairman

Union of India rep. by Vs M.Gnanajothy

R.Leelakrishnan, Record Clerk, Vs The Chairman, Tamil Nadu

Union of India, rep. by the Vs a.Thirumeni

Union of India rep.by Vs S.Babu