S.Rajumani v. The Union of India

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-08-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN WP No. 33340 & 33341 of 2026 and WMP No. 36696 of 2026 W.P.No.33340 of 2026 S.Rajumani, S/o.Sebastin, No.5/587-C,Ponmalai Illam, Rajiv Gandhi Nagar 3rd street, Kovai Main Road, Mettupalayam, coimbatore District -641 301 ..Petitioner(s) Vs

¶1The Union of India Rep by Deputy Director General (Personal) Department of Telecommunications TFS Section, 12th Floor,Sanchar Bhavan, 20, Ashok Road, New Delhi-110 001.

¶2The Director(Staff) Ministry of Communication and IT Department of Telecommunications Sanchar Bhavan,20, Ashok Road New Delhi-110 001

¶3The Principal General Manager, Central Telephone Exchange, State Bank Road, Coimbatore-641 018

¶4The Divisional Engineer(INTL)AXE, Central Telephone Exchange, Coimbatore-18. Page2 of 7

¶5The Sub Divisional Engineer(Power) Central Telephone Exchange Coimbatore-18 ..Respondent(s) WP No. 33341 of 2026 S.Rajumani S/o.Sebastin No.5/587-C,Ponmalai Illam Rajiv Gandhi Nagar 3rd street Kovai Main Road Mettupalayam coimbatore District -641 301 ..Petitioner(s) Vs

¶1The Union of India Rep by Deputy Director General (Personal) Department of Telecommunications TFS Section 12th floor, Sanchar bhavan 20, Ashok Road New Delhi-110 001.

¶2The Director(Staff), Ministry of communication and IT Department of Telecommunications, Sanchar Bhavan, 20, Ashok Road, New Delhi-110 001

¶3The Principal General Manager, Central Telephone Exchange, State Bank Road, Coimbatore-641 018

¶4The Divisional Engineer(INTL)AXE, Central Telephone Exchange, Coimbatore-18.

¶5The Sub Divisional Engineer(Power), Central Telephone Exchange, Coimbatore-18 ..Respondent(s) Page3 of 7 Prayer in W.P.No.33340/2026: Writ Petition filed under Article 226 of the Constitution of India to call upon the production of records relating to the order dated 24.4.2026 made in M.A.No.310/000827 of 2024 in D.No.2168 of 2019 passed by the Central Administrative Tribunal, Chennai Bench, quash the same and direct the Central Administrative Tribunal, Chennai Bench to number to original Application in D.No.2168 of 20198 filed by the petitioner herein. WP No. 33341 of 2026 Prayer in W.P.No.33340/2026: Writ Petition filed under Article 226 of the Constitution of India to call upon the production of records relating to the order dated 24.4.2026 made in M.A.No.310/000828 of 2024 passed by the Central Administrative Tribunal, Chennai Bench, quash the same and direct the Central Administrative Tribunal, Chenani Bench to number to original Application in D.No.2168 of 20198 filed by the petitioner herein and pass For Petitioner(s): Mr.S.Shanmuga Sundaram For Respondent(s): Mr.K.R.Samrath Senior Panel Counsel Central Government for 1 to 5 COMMON ORDER (Order of the Court was made by S.M.Subramaniam J.) Mr.K.R.Samratt, learned Senior Panel Counsel for Central Government takes notice for the respondents. By consent of the parties, the writ petition is taken up for final disposal. Page4 of 7

¶2Both the writ petitions have been instituted challenging the order of the Central Administrative Tribunal, Chennai Bench dated 24.04.2026 in M.A.No.827/2024 in D.No.2168 of 2019 and M.A.No.828 of 2024 dated

24.04.2026.

¶3The writ petitioner filed Original Application before the Central Administrative Tribunal challenging the punishment of compulsory retirement. The Tribunal, dismissed the Miscellaneous Petition filed seeking condonation of delay of 59 days in filing the Original Application. That apart, there was a delay of 726 days in representing the case bundle after return from the Registry, Central Administrative Tribunal.

¶4This Court is of the considered view that compulsory retirement is a major penalty. Central Administrative Tribunal is the Court of first instance. The delay of 59 days in filing cannot be construed as enormous. It is to be construed as condonable delay. The delay in representation occurred on account of the error committed by the counsel in filing the original application which shall not cause any prejudice to the interest of the litigant. Thus, this Court is of the view that the issues are to be adjudicated on merits and in accordance with law.

¶5In view of the facts and circumstances, the order impugned passed by the Central Administrative Tribunal in M.A.No.827/2024 in D.No.2168 of Page5 of 7 2019 and M.A.No.828 of 2024 dated 24.04.2026 are set aside. The delay of 59 days in filing the Original Application and the delay of 726 days in representing the case papers are condoned. Consequently, the Original Application shall be numbered, taken on file and issues may be adjudicated on merits and in accordance with law as expeditiously as possible. The Writ Petition is allowed. No costs. The connected miscellaneous petition seeking to dispense with the production of the original impugned order, is ordered. (S.M.S.,J.) (K.G.R.,J.) 20-08-2026 Index: Yes/No Speaking/Non-speaking order vsi To Page6 of 7 To

¶1The Deputy Director General (Personal) Union of India, Department of Telecommunications TFS Section 12th floor, Sanchar bhavan 20, Ashok Road New Delhi-110 001.

¶2The Director(Staff) Ministry of communication and IT Department of Telecommunications sanchar Bhavan 20, Ashok Road New Delhi-110 001

¶3The Principal General Manager Central Telephone Exchange state Bank Road coimbatore-641 018

¶4The Divisional Engineer(INTL)AXE Central Telephone Exchange coimbatore-18

¶5The Sub Divisional Engiener(power) central Telephone Exchange coimbatore-18 WPoNo.o33340oofo2026 S.M.SUBRAMANIAMeJ. and KRISHNASWAMYeGOVINDARAJANeJ. vsi WPeNo.e33340eofe2026 and WPeNo.e33341eofe2026, WMPeNo.e36696eofe2026 20-08-2026 Page7oofo7