Madras High Court

WP/25276/2012 of UNION OF INDIA, REP. BY Vs B.VIVEKANANDAN on 9 October 2026

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WP No. 25276 of 2012

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-10-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI

AND

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE

WP No. 25276 of 2012

CNR: {HCMA010277612012}

1.Union of India,

Rep. by its Chief General Manager,

BSNL, Telecom,

Anna Salai, Chennai – 600 002.

2.The Principal General Manager,

BSNL Telecom, Trichy – 620 001.

3.The Deputy General Manager (Admin),

BSNL Telecom, Trichy – 620 001.

..Petitioner(s)

Vs

1.B.Vivekanandan

No.92-C, Gandhi Road,

1st Floor, T.R.Pattinam Posts,

Karaikkal District,

Pincode – 609 606.

2.The Registrar,

Central Administrative Tribunal,

City Civil Court Building,

Chennai – 600 104.

3.The Principal Controller of

Communication Accounts,

Department of Telecom,

Tamil Nadu Circle,

Telephone Exchange,

R.K.Nagar, R.K.Madam Road,

Mandaveli, Chennai – 600 028.

(R-3 impleaded as per order dated 23.01.2013 by

WP No. 25276 of 2012

Hon’ble ACJ & AJJ in MP.3/2013 in

WP.25276/2012)

..Respondent(s)

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the second respondent dated 15.07.2011

made in O.A.No.422 of 2011 passed by the second respondent Tribunal and quash the same.

For Petitioner(s):

M/s.S.Udayakumar

For Respondent(s):

Mr.C.Premkumar for R1

R2 – Tribunal

Mr.M.R.Jothimanian for R3

for Mr.C.K.V.Dhruva

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ORDER

(Order of the Court was made by M.Dhandapani J.) This writ petition has been filed seeking issuance of Writ of Certiorari calling for the records of the second respondent dated 15.07.2011 made in O.A.No.422 of 2011 passed by the second respondent Tribunal and quash the same.

2. The learned counsel appearing for the petitioners submitted that the first respondent was appointed as a Clerk in the erstwhile Thanjavur Division on 03.01.1978 against the quota reserved for ST Community and based on a

WP No. 25276 of 2012

complaint made by one G.Selvaraj on the genuineness of the Community Certificate, the matter was referred to the District Collector, Nagapattinam and the Chairman, District Vigilance Committee, Nagapattinam vide proceedings dated 27.01.2004 cancelled the Community Certificate issued to the petitioner by the Tahsildar, Nagapattinam during 1977 and on that basis, departmental disciplinary proceedings was initiated against the first respondent and the first respondent was dismissed from service on 05.01.2007.

3. The learned counsel appearing for the petitioners further submitted that aggrieved by the orders dated 27.01.2004 and 05.01.2007, the first respondent approached the Madurai Bench of this Court in W.P.(MD) Nos.8641 of 2008 and 1052 of 2007 and the said writ petitions were allowed on 12.10.2009 with liberty to the petitioners to take appropriate action depending on the outcome of the decision taken by the State Level Scrutiny Committee. Thereafter, the first respondent was reinstated in service on 29.12.2009 subject to the outcome of the State Level Scrutiny Committee proceedings and thereafter, vide order dated 30.01.2010 the first respondent was permitted to retire provisionally from service on the afternoon of 31.01.2010 for want of State Level Scrutiny Committee report. Thereafter, the first respondent approached the Central Administrative Tribunal, Madras Bench by filing O.A.No.422 of 2011 for sanction of pension and pensionary benefits and the said original application was allowed vide order dated 15.07.2011 and aggrieved by the same, the

WP No. 25276 of 2012

petitioners have filed this writ petition.

4. The learned counsel appearing for the first respondent submitted that during the pendancy of this writ petition, the State Level Scrutiny Committee arrived at a conclusion that the Community Certificate obtained by the first respondent is bogus one and passed order dated 28.04.2026 and challenging the same, the first respondent filed W.P.No.20986 of 2026 before this Court and the same is pending. Hence, this Court may without going into the merits of the case, dispose of this writ petition by issuing direction to the petitioners to settle the pensionary benefits, if the first respondent succeeds in W.P.No.20986 of 2026.

5. The learned counsel appearing for the petitioners raise no serious objection.

6. In view of the fair submission made by the learned counsel appearing for the first respondent and since the learned counsel appearing for the petitioners raise no serious objection, the order dated 15.07.2011 in O.A.No.422 of 2011 passed by the second respondent / Central Administrative Tribunal is subject to the result of the writ petition pending before this Court in W.P.No.20986 of 2026. If the first respondent succeeds in W.P.No.20986 of 2026, the petitioners are directed to settle the pensionary benefits in favour of

WP No. 25276 of 2012

the first respondent, in accordance with law.

7. With the above direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition/s, if any, is/are closed. (M.D.I.,J.) (A.D.M.C.,J.) 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No pri To

1. The Registrar, Central Administrative Tribunal, City Civil Court Building, Chennai – 600 104.

2. The Principal Controller of Communication Accounts, Department of Telecom, Tamil Nadu Circle, Telephone Exchange, R.K.Nagar, R.K.Madam Road, Mandaveli, Chennai – 600 028.

WP No. 25276 of 2012

M.DHANDAPANI, J. AND DR.A.D.MARIA CLETE, J. pri WP No. 25276 of 2012 09-10-2026

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