IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17-2-2010 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE T.MATHIVANAN W.P.No.900 of 2010 and M.P.No.1 of 2010 UOI Represented by the General Manager M/s.Bharath Sanchar Nigam Ltd., (BSNL Madurai) SSA, Madurai 625 002. .. Petitioner vs 1.P.Ramasamy 2.The Registrar Central Administrative Tribunal Madras Bench at Chennai .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of certiorari to call for the records relating to the impugned order dated 21.10.2009 made in O.A.No.745 of 2008 passed by the 2nd respondent and quash the same. For Petitioner : Mr.R.Thiagarajan For Respondents : No appearance for R1 ORDER (Order of the Court was made by M.CHOCKALINGAM, J.) This writ petition challenges an order of the Central Administrative Tribunal, Madras, made in O.A.No.745 of 2008 whereby the relief asked for by the first respondent was ordered. 2.The Court heard the learned Counsel for the petitioner and looked into the affidavit in support of the petition. 3.Despite service of notice, the first respondent has not entered appearance. 4.The grievance ventilated by the first respondent before the Tribunal was that the order in No.E.138/BSNL/HRD-I/Gr.C&D Option/07- 08/62 dated 30.7.2008 issued by the writ petitioner herein, was not only prejudicial to his interest, but also against the procedures in law, and hence it was to be quashed, and he was to be absorbed into BSNL, and a promotion has to be given to him. https://hcservices.ecourts.gov.in/hcservices/ 5.As could be seen from the available materials, it was a case where the community certificate given by the first respondent was found to be false. Under the circumstances, the first respondent was forced to approach the State Level Committee, and the appeal filed by him was actually pending. While so, he already filed a writ petition before this Court in W.P.No.21646 of 2003 wherein an order came to be made which runs as follows: "5.Hence, except to observe that the petitioner shall be entitled to have all his service benefits that are meant for Scheduled Tribes if, ultimately, the authority concerned comes to the conclusion that the petitioner belongs to the Scheduled Tribes, and till then the petitioner shall not be entitled for the benefits that are meant for the Scheduled Tribes, no further orders are required in this writ petition and therefore, the same is dismissed." 6.When the matter was taken up for enquiry by the Tribunal, neither the said writ petition nor the order passed therein was brought to the notice of the Tribunal. In the face of such an order as incorporated above, this Court is of the considered opinion that the order of the Tribunal cannot stand. 7.Accordingly, this writ petition is allowed, setting aside the order of the Tribunal. There cannot be any impediment for the first respondent in proceeding with the appeal pending before the State Level Committee and in getting necessary relief therefor. It is also made clear that the orders to be made therein by that Committee have got to be worked out by the first respondent, if in his favour. No costs. Consequently, connected MP is closed. nsv Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To: The Registrar Central Administrative Tribunal Madras Bench at Chennai + 1 cc to Mr. G. R. Swaminthan, Advocate SR No.10687 KJ(CO) SR/25.2.2010 WP No.900 of 2010 https://hcservices.ecourts.gov.in/hcservices/