Ram Narayan Vairagi vs The Chief Account Officer ...
2012 Latest Caselaw 3379 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- WRIT - A No. - 37207 of 2012
 

 
Petitioner :- Ram Narayan Vairagi
 
Respondent :- The Chief Account Officer (Pension) & Others
 
Petitioner Counsel :- B.N. Pathak
 
Respondent Counsel :- Subodh Kumar
 

 
Hon'ble V.K. Shukla,J.

The petitioner had been functioning with Bharat Sanchar Nigam Limited, and he retired from service on 31.05.2011. Petitioner's request is to issue a writ in the nature of mandamus directing the Chief Account Officer (Pension), Office of the Controller of Communication Accounts, U.P. (East) Vikas Khand, Gomti Nagar, Lucknow to decide the representation/objection of the petitioner dated 10.04.2012 and also fix the pension accordingly upon basic pay of Rs.25,610/-.

On the matter being taken up, preliminary objection has been raised by Sri Subodh Kumar, Advocate, representing the Bharat Sanchar Nigam Limited before this Court qua maintainability of the writ petition in view of the judgment of Apex Court in the case of L. Chandra Kumar vs. Union of India and others, 1997 (3) SCC261. This is accepted position that Bharat Sanchar Nigam Limited has been notified under the provisions of Administrative Tribunal  Act and service matters of the employees of Bharat Sanchar Nigam Limited are to be tried at the first instance by the Central Administrative Tribunal. Since pension is also covered under the service matter, as such this writ petition is not being entertained by this Court, and the petitioner is relegated to the remedy of Central Administrative Tribunal.

Writ petition, accordingly, stands dismissed on the ground of alternative remedy.

Order Date :- 6.8.2012

SRY