G. Karthikeyan v. Union of India, Rep. By the Registrar, Central Administrative Tribunal, Ahmedabad
2015-01-08
N.PAUL VASANTHAKUMAR, P.R.SHIVAKUMAR
body2015
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Judgment N. Paul Vasanthakumar, J. 1. Heard Mr. J. Lakshmi Narayanan, learned counsel for the petitioner and Mr. P. Parivallal, learned Senior Central Government Standing Counsel for respondents 1 and 2. 2. This Writ Petition is filed challenging the order made in O.A.No.1168 of 2011 on the file of the 4th respondent-Central Administrative Tribunal, dated 17.10.2012, wherein, the petitioner has challenged the order of the first respondent dated 06.05.2011 and the consequential order of the second respondent dated 30.05.2011 and for a further direction to the respondents 1 to 3 to release the entire retirement benefits including sanction of regular Pension. 3. It is seen from the records that the retirement benefits were not paid to the petitioner due to the pendency of the civil suit in O.S.No. 7015 of 2010 before the V Assistant Judge, City Civil Court, Chennai, which is filed by one M/s. Silver Touch Finance & Investments, Chennai for recovery of a sum of Rs.5,80,000/- with interest. Due to the pendency of the said suit, the Central Administrative Tribunal dismissed the Original Application No. 1168 of 2011. 4. The learned counsel appearing for the petitioner submits that the said civil suit was disposed of on 05.02.2014 through Lok Adalat Award and the Judgment in O.S.No. 7015 of 2010 was passed on 05.03.2014 in the light of the Lok Adalat Award and the claim of the plaintiff therein viz., M/s. Silver Touch Finance & Investment was settled and hence, now there is no impediment to sanction retirement and other benefits to the petitioner. 5. When this Court put a question to the learned counsel for the petitioner as to whether the Central Administrative Tribunal, Madras Bench has got jurisdiction to entertain the O.A.1168 of 2011, the learned counsel appearing for the petitioner has submitted that as per Sub Rule (2) of Rule 6 of the Central Administrative Tribunal (Procedure) Rules, 1987, persons who have ceased to be in service by reason of retirement, dismissal or termination of service may at his option file an application with the Registrar of the Bench within whose jurisdiction such person is ordinarily residing at the time of filing of the application.
The learned counsel further submits that the petitioner, after retirement from service on 05.08.2010 is residing at No.G-14, Jains Aashiana Phase-I, No.13/1, Vembuliamman Koil Street, K.K. Nagar West, Chennai-600 078, therefore, he has rightly approached the Central Administrative Tribunal, Madras Bench by filing O.A.No.1168 of 2011, which was dismissed. 6. The objection raised by the Central Administrative Tribunal for dismissing the O.A.1168 of 2011, having been not available as on date in view of the disposal of the civil suit in O.S.No. 7015 of 2010 by the V Assistant Judge, City Civil Court, Chennai as early as on 05.03.2014. The petitioner has submitted representations on 02.05.2014 and 08.07.2014, the first respondent is bound to consider the said representations and pass appropriate orders. 7. Learned Senior Central Government Standing Counsel appearing for respondents 1 and 2, on instructions, submits that three months time may be given to the first respondent to consider the above said representations. 8. Recording the above said submission, the Writ Petition is disposed of directing the first respondent to consider the representations of the petitioner dated 02.05.2014 and 08.07.2014 and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of this order. No costs.