Madras High Court
K.Suganthi vs Central Administrative Tribunal on 30 November, 2023
Author: D.Krishnakumar
Bench: D.Krishnakumar
WP No.13086 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE P. DHANABAL
WP No.13086 of 2020
K.Suganthi ... Petitioner
vs
1.Central Administrative Tribunal,
Represented by its Registrar,
Madras Bench,
Chennai-104.
2.The Directorate General,
All India Radio,
S-VII Section ([email protected]),
Akashwani Bhawan,
Sansad Marg,
New Delhi-110 001
Represented by its Deputy Director of Admn.
3.The Deputy Director General (E),
All India Radio,
KamarajarSalai,
Chennai- 600 004.
1/5
https://www.mhc.tn.gov.in/judis
WP No.13086 of 2020
4.The Director (Engg), Prasar Bharati,
All India Radio,
Tirunelveli -2. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
for the issuance of a writ of Certiorarified Mandamus, to call for the records
of the first respondent Tribunal in OA/310/00362/200 dated 13.08.2020
confirming the proceedings in File No.15/1330/1992-S.VII(Vol-III) on the
file of the second respondent dated 06.07.2020 and quash the same and
direct the respondents 2 to 4 to permit the petitioner to continue as general
candidate as per the judgment of the Hon'ble Supreme Court in Kavitha
Solunke V. State of Maharashtra and others, reported in 2012 (8) SCC 430
relying on the decision of the Constitution Bench in State of Maharashtra V.
Millind (2001) 1 SCC 4 and judgment of the Hon'ble High Court of Madras
in the case of P.Jayaprakash v The Executive Director (W.P.No.4075 of 2016
order dated 22.03.2016).
For the Petitioner :Mr.V.Elangovan
For the Respondents :Mr.V.Chandrasekaran
Senior Panel Counsel
for respondents 2 to 4
first respondent -Tribunal
ORDER
(Order of the Court was made by D.KRISHNAKUMAR, J.)
The writ petition has been filed challenging the order dated
13.08.2020 in OA.No.362 of 2020.
https://www.mhc.tn.gov.in/judis
2. The petitioner, after losing her legal battle before various forums,
had filed the instant OA before the Tribunal seeking to convert her services
into general category. The Tribunal came to the conclusion that the petitioner
is not entitled for such a relief and therefore dismissed the said OA with a
cost of Rs.25,000/- to be paid to the CAT Bar Association Library Fund.
Aggrieved by the said order of the Tribunal, the petitioner has filed the
present writ petition before this Court.
3. At this juncture, learned counsel for the petitioner has fairly
admitted that the petitioner has lost before all the forums and now the only
grievance of the petitioner before this Court is to modify the cost of
Rs.25,000/- imposed on her by the Tribunal.
4. Considering the said request made by the learned counsel for the
petitioner, the said cost imposed by the Tribunal is modified to Rs.5,000/-
(Rupees Five Thousand Only) payable to the Director, Adi Dravidar Welfare
Hostel, Tirunelveli.
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5. With the above modification, the writ petition stands dismissed.
There will be no order as to costs. W.M.P.Nos.16215, 16216, 16217 and
16219 of 2020 are closed.
[D.K.K., J.] [P.D.B., J.]
30.11.2023
Index : Yes/No
Neutral Citation : Yes/No
mrn
To
1.The Registrar,
Central Administrative Tribunal,
Madras Bench,
Chennai-104.
2.The Directorate General,
All India Radio,
S-VII Section ([email protected]),
Akashwani Bhawan,
Sansad Marg,
New Delhi-110 001
Represented by its Deputy Director of Admn.
3.The Deputy Director General (E),
All India Radio,
KamarajarSalai,
Chennai- 600 004.
4.The Director (Engg), Prasar Bharati,
All India Radio,
Tirunelveli -2.
https://www.mhc.tn.gov.in/judis
D.KRISHNAKUMAR, J.
and
P. DHANABAL, J.
(mrn)
30.11.2023
https://www.mhc.tn.gov.in/judis
