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2005 Supreme(Mad) 24

MARKANDEY KATJU, D.MURUGESAN
Service Bar Association – Appellant
Versus
Union of India rep. by the Secretary to Government & Others – Respondent


Advocates Appeared:For The Petitioner:V.Ramasubramanian, Advocate. For The Respondents:S.Manikumar, SCGSC. N.R. Chandran, Advocate General assisted by V.Raghupathy, Govt. Pleader.

Judgment :-

Markandey Katju, CJ.

This writ petition has been filed by the Service Bar Association which is an Association of lawyers practising before the Central Administrative Tribunal and the Tamil Nadu Administrative Tribunal constituted under the Administrative Tribunals Act.

2. The prayer in this petition is a general prayer directing the respondents to withdraw all the cases pending in the Tamil Nadu Administrative Tribunal and to transfer them to this Court for decision by the High Court.

3. Heard the learned counsel for the petitioner and the learned Advocate General.

4. The Tamil Nadu Administrative Tribunal was constituted under Section 4(2) of the Administrative Tribunals Act 1985 on 12.12.1988 and we are informed that as on date about 34,000 cases are pending there.

5. We are informed that presently there is no Presiding Officer in the Tribunal and the State Government has sent a proposal to the Central Government for abolition of the Tribunal and the matter is pending with the Central Government. The position is therefore that while legally the Tribunal continues to exist, but factually it is non functional as there is no Presiding Officer or Member to hear the cases no















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