P. V. Damodaran vs Union Of India And Ors

Alexander Thomas, J

The prayer in the above captioned Original Petition filed under Article 227 of the Constitution of India are as follows:-

"i) Issue a direction or order quashing Exhibit P5 order passed by the Central Administrative Tribunal, Ernakulam Bench and allow the interim relief sought in the original application as prayed for.

ii) Grant such other further relief's as this Hon'ble court may deemed fit, just and proper in the facts and circumstances of the case."

Heard Sri. M.B Soori, learned counsel appearing for the petitioner/applicant in the O.A before the Tribunal, Sri. K.R Rajkumar, learned Central Government Counsel appearing for the respondents.

After hearing both sides it is seen that the main matter in Ext.P1 O.A No.363 of 2020 filed by the petitioner herein before the Central Administrative Tribunal, Ernakulam is still pending consideration. When we queried as to the status of the completion of the pleadings, Sri. K.R Rajkumar, learned Central Government Counsel appearing for the respondents would submit that the respondents have already filed their reply statement in the matter before the Tribunal. Whereas, Sri. M.B Soori, learned counsel appearing for the petitioner/applicant would submit that the applicant is yet to file rejoinder to the reply statement filed by the official respondents and that the applicant would file rejoinder thereto within a weeks' time.

Having regard to the fact that the main matter in the O.A is still pending final disposal of the Tribunal, we are of the considered view that the ends and justice would be advanced by directing the Tribunal to take all reasonable endeavors possible in the circumstances to ensure the final disposal of O.A No.363 of 2020 after hearing both sides without much delay preferably within a period of one month from the date of production of a certified copy of this judgment. The petitioner/applicant may file rejoinder to the reply statement of the respondents without any further delay at any rate in one week so as to complete the pleadings and for that purpose the applicant need not wait for receiving a certified copy of this judgment and the applicant to emergently proceeded to ensure the filing of the rejoinder, if he feels it so necessary. Registry will forward the certified copy of the judgment to the Central Administrative Tribunal, Ernakulam Bench dealing with O.A No.363 of 2020 for necessary information.

With these observations and directions, the above Original Petition will stand finally disposed of.