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2025 DAILYLAW 35046 (KAR)

CHANDRASEKHARAN PILLAI R v. THE DIRECTOR

WP/30430/2024 · 2025-04-07

T M Nadaf, V Kameswar Rao

Public Interest Litigationbody2025

Judgment text

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- 1 - NC: 2025:KHC:15001-DB WP No. 30430 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT PETITION NO.30430 OF 2024 (S-CAT) BETWEEN: 1. CHANDRASEKHARAN PILLAI R AGED 68 YEARS, (RETD SENIOR STORES SUPDT/ DEFENCE CIVILIAN EMPLOYEE AND PRESENTLY PRACTICING AS ADVOCATE) NO.558, 6TH MAIN, HAVANUR LAYOUT NAGASANDRA POST BANGALORE – 560 073 EMAIL RCHANDRASEKHARAN57@GMAIL.COM MOB 9483105248 …PETITIONER (BY SRI. CHANDRASHEKARNA PILLAI. R, PARTY-IN-PERSON) AND: 1. THE DIRECTOR CENTRAL GOVERNMENT HEALTH SCHEME HQ (DG), CGHS NIRMAN BHAVAN RAJPATH AREA, CENTRAL SECRETARIAT NEW DELHI – 110 001 2. ASST. DIRECTOR, CGHS 3RD FLOOR, E WING KENDRIYA SADAN, Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - NC: 2025:KHC:15001-DB WP No. 30430 of 2024 KORAMANGALA BANGALORE – 560 034 …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION, QUASHING THE ORDER DATED 09.08.2024 PASSED BY CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH IN OA NO.481/2023 (ANNEXURE-A), ETC THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) The petitioner has filed this petition with the following prayers:- i) “Issue a Writ of Certiorari or any other writ, order or direction quashing the order dated 09.08.2024 passed by Central Administrative Tribunal, Bangalore Bench in OA No.481/2023 (Annexure ‘A’). i) Issue a writ of Certiorari or any other writ, order or direction quashing the letter passed by Additional Director, CGHS, Bangalore No.OA 481/2023/2219 dated 11.09.2024 (Annexure ‘B’) and letter OA No.481/2023/2618 dated 23.10.2024 (Annexure ‘C’). i) Direct the 2nd Respondent to pay the cost of this Petition and grant such other and further relief are just and equitable.” - 3 - NC: 2025:KHC:15001-DB WP No. 30430 of 2024 2. A perusal of the prayer clause would reveal that the petitioner is in fact has not challenged the order of the Central Administrative Tribunal (hereinafter referred to as the ‘CAT’, for short), Bengaluru Bench in O.A.No.170/00481/2023 dated 09.08.2024 but has challenged the communications dated 11.09.2024 and 23.10.2024 whereby, the respondents have rejected the claim of the petitioner pursuance to the order passed by the CAT in the aforesaid O.A. dated 09.08.2024, vide order dated 11.09.2024, which order was again communicated to the petitioner in terms of the covering letter dated 23.10.2024. 3. If that be so, the petitioner is required to challenge the communication dated 11.09.2024 before the CAT. Accordingly, we grant liberty to the petitioner to approach the CAT by filing a fresh O.A. challenging the order dated 11.09.2024. We dispose of this petition but making it clear that the petitioner shall be entitled to the benefit of Section 14 of the Limitation Act, 1963, for the - 4 - NC: 2025:KHC:15001-DB WP No. 30430 of 2024 period he was prosecuting this petition before this Court for computing the period of limitation in filing the O.A. for challenging the order dated 11.09.2024. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE MH/- List No.: 1 Sl No.: 39