Writ filed before high court of madras
Vasudevan
(Querist) 25 December 2022
This query is : Resolved
Respected Learned Experts, I am a retired Central Government servant. During the service period, I was suspended for 10 months and the Appointing Authority has declared the period as 'non est'. I had filed OA in CAT, Chennai to treat the suspension period as period spent on duty. The CAT allowed the OA. Now my department has filed a Writ Petition in High of Madras challenging the CAT order. The High Court has adjourned the case for 4 weeks time with liberty to private service of notice for admission. Even after the lapse of 3 weeks time, I have not received any summon and writ papers from the department advocate. No stay has been granted on the CAT order. How can I proceed further? As I am not well enough on financial matters, I would like to appear as Party In-Person before the High Court. What is the procedure? Please guide me. Advance Thanks to all Learned Experts in anticipation. Advance greetings to one and all in the club for a Happy New Year and seasoned greetings.
kavksatyanarayana
(Expert) 25 December 2022
You gather the information regarding the date of the hearing, and you can attend the court in person. If you are able to argue or put forth your submissions before the court you can do it in person. Otherwise, engage a lawyer or consult free legal aid services.
Dr J C Vashista
(Expert) 26 December 2022
You have stated, inter alia, that, "The High Court has adjourned the case for 4 weeks time with liberty to private service of notice for admission. ....."
what do you mean from the liberty to private service of notice for admission ??
Further you have stated, "...Even after the lapse of 3 weeks time, I have not received any summon and writ papers from the department advocate...."
in such a situation how did you come to know (officially) qua filing of writ petition assailing order passed by CAT ?
If you are unable to engage a private counsel (which would have served your interest in a better / professional manner) you should approach Secretary TN Legal Services Authority located in Madras High Court complex.
Sudhir Kumar, Advocate
(Expert) 26 December 2022
You can appear in person if you feel you are well equipped with law on the subject.
K Rajasekharan
(Expert) 26 December 2022
If you are not familiar with the facts and legal provisions relating to the case and the court room practices including the behaviour of the judge, it is better for you not to appear in person.
Rather, it would be better to seek the help of the Legal Services Authority to get an advocate, in case you cannot afford to find an advocate of your own due to your financial status.
Vasudevan
(Querist) 26 December 2022
Thank you very much to one and all who had responded to the query. Regaqrding Dr.Vashista query, I am to submit that I had searched though the official web site of the High Court and ascertained the position. Much obliged for the valuable guidance. Further, the relevant provisions for appearing as party in person may please be shared.
Sudhir Kumar, Advocate
(Expert) 29 December 2022
If they have not complied with Directions of Hon'ble Court still you can download the orders of the Court if you know case No. be on lookout of cause list and appear in the court on the listed day and narrate the entire story to the Hon'ble Court.
If there is no stay then nothing stops you from filing CP in CAT. Let CAT decide if they have to proceed or not proceed with the CP due to WP i High Court. Atlest you be not guilty of delay in CP.
T. Kalaiselvan, Advocate
(Expert) 29 December 2022
The idea suggested to file a CP before CAT to execute the orders would be the better option before you if there has no stay been granted by high court.
Besides you have not been served with the notice about this writ yet, hence you may await the same instead of rushing to court to appear as party in person on the date of hearing If the court is not satisfied with the service of summons, then it may adjourn the matter to another date in future.
Vasudevan
(Querist) 29 December 2022
Much obliged by the response of the Learned Experts S/Shri Sudhir Kumar and T. Kalaiselvan. Thank you very much sirs.
Dr J C Vashista
(Expert) 30 December 2022
@ Vasudevan,
Best wishes for the coming New Georgian year-2023
Vasudevan
(Querist) 30 December 2022
Much obliged for the greetings of Shri Dr. J C Vashista. I pray the almighty to give yourself and all your family members for very prosperous, happy and healthy new year. Your service in this Learned Forum may continue in the memory of each of beneficiary like me for ever.
P. Venu
(Expert) 19 January 2023
It is the responsibility of the concerned department to serve you the notice. There is no need to hurry or worry. In the meanwhile, watch the case status through e-Court.
Sudhir Kumar, Advocate
(Expert) 19 January 2023
Given facts indicate that so far you have no knowledge about challenge of ward in you r favour.
Vasudevan
(Querist) 19 January 2023
Much obliged for the response of Learned Expert Shri P. Venu. Learned Expert Shri Sudhir Kumar, I had been informed by my department that they had filed a Writ Petition challenging the order of the CAT and also informed the WP No. But no other documents were sent to me.
P. Venu
(Expert) 19 January 2023
As present norms, permission needs to be obtained for appearing in person in the Madras High Court. The Rules in this context could be accessed at https://www.hcmadras.tn.nic.in/Party_In_Person_2019%20with%20Amendment.pdf
Vasudevan
(Querist) 16 April 2023
Writ Petition has been filed by the department against the order of the Central Administrative Tribunal which has passed an order in my favour. The department advocate has informed the WP No. through a registered letter and filed before the High Court about the service of notice. I had filed a M.P. seeking permission to appear as Party in person in the High Court, Chennai in the month of Feb.2023. However, I have not received the Respondent copy of the Writ Petition and its enclosures till date. How can I get it? Whether I can file a Notice of motion to get my copy of Writ papers in the matter? If so, whether I have to present in person for notice of motion too? Kindly suitably advice as I am to represent as Party In Person.
Dr J C Vashista
(Expert) 17 April 2023
@ Vasudevan ji,
Answer to your questions are as under:
Q 1 However, I have not received the Respondent copy of the Writ Petition and its enclosures till date. How can I get it?
Ans: The petitioner is supposed to attach paper-book (copy of judicial file) with summons, if you did not get ask for it from their counsel or obtain certified copy, if Court did not provide.
Q 2 Whether I can file a Notice of motion to get my copy of Writ papers in the matter? If so, whether I have to present in person for notice of motion too?
Ans: No, notice of motion has to be filed by petitioner, here (in this case) you are respondent.
It would be prudent to seek services of a local senior lawyer to protect your interest in a professional manner, as every step/proceeding cannot be advised by experts on this platform.
P. Venu
(Expert) 17 April 2023
What is the Case Number?
Vasudevan
(Querist) 17 April 2023
Respected Learned Expert Shri P. Venu, the case No. is WP 27477of 2022. Respected Dr. J C Vahista, much obliged by your valuable opinion. I am not financially OK to engage an High Court advocate in the matter. Hence, I am appearing as party in person. Please bear my disturbance caused due to financial crunch.
Dr J C Vashista
(Expert) 18 April 2023
As advised in my previous response on 26.12.2022 in present query, did you approach Secretary TN Legal Services Authority ( available in all High Court(s) as well as District level Court but not with Tribunal(s)) to provide a lawyer to you, at the cost of State government, which you can get free of cost to you??
Vasudevan
(Querist) 18 April 2023
Respected Dr. J C Vashista, I had contacted the TN Legal Service Authority over phone. They had informed me that the persons with Below Poverty Line only be entertained for free legal services. I am not Below Poverty Line. Hence, I may not be entitled for the said assistance please. Much obliged for your response sir.
P. Venu
(Expert) 18 April 2023
It is seen from the Case Status of the Madras High Court that Notice had been directed on 7/12/2002 as follows-
"Notice to the 1st respondent returnable in four weeks. Private notice is also permitted."
And the affidavit of service has been filed on 20/02/2023. Petitioner's advocate is the said matter is Mr. P.K.PANNEER SELVAM.
Dr J C Vashista
(Expert) 19 April 2023
You are above poverty line, even then LSA provides lawyer at the cost of State.
However, in order to protect your interest it is better / advisable to consult and engage a local prudent lawyer for better appreciation of facts of the case, professional guidance and necessary proceeding.
Vasudevan
(Querist) 19 April 2023
Respected Learned Expert Shri P. Venu, thanks for tracking the status of the case. However, my query is that I have not yet been supplied with the Respondent's copy of the Writ papers. How can be it obtained? Respected Dr. J C Vashista, I am much obliged by your response sir.
P. Venu
(Expert) 20 April 2023
In this context, please see Rule 20 of the Madras High Court Writ Rules, 2021 -
"20. Service of notice and process
(1) Any notice or process to be issued by the Court may be served by any one or more of the following modes as directed by the Court:
(i) Through the registry of the Court
(ii) By the party
(iii) Through courier services
(iv) By registered post or speed post with proof of delivery
(v) By e-mail or any other electronic mode
(vi) Through the Head of the Department concerned by any one of the above modes
(2) Where notice is issued in any of the modes above (excepting through the registry of the Court), the party issuing the notice shall fi le an affidavit evidencing service of the notice on the opposite party.
.....................................................................................................................................................................
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(5) Every notice or rule nisi issued by the Court shall, unless otherwise ordered, be accompanied by a copy each of the Petition, the affidavit filed in support thereof.
(6) ........................................................................................................................................................"
In terms of subrule (5) as above, the petitioner department ought to have served a copy of the Petition as well. If the copy is not furnished, provisions of Rule apply -
"23. Appearance by the respondent
(1) A respondent’s advocate shall, within 10 days of entering appearance in a Petition, serve notice of his appearance in Form 13 on the petitioner’s advocate. Thereupon, the petitioner’s advocate shall furnish the respondent’s advocate with a true copy of the paper book fi led by the petitioner. This requirement shall not apply if the respondent or his advocate has already been served with the paper book.
(2) Sub-rule (1) shall apply mutatis mutandis where the petitioner or the respondent appears as party in person"
Accordingly, you or your advocate is required to be provided with a copy of the petition in paper book when appearing in the Court on the date scheduled for next hearing.
Vasudevan
(Querist) 20 April 2023
Much obliged by the detailed reply along with the rule provisions made by Learned Expert Shri P. Venu Sir. Once again my sincere thanks to the Learned Expert.
