Syed Shamim Haider vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 5623 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- FIRST APPEAL DEFECTIVE No. - 54 of 2021
 

 
Appellant :- Syed Shamim Haider
 
Respondent :- State Of U.P. Thru. Prin. Secy. Irrigation, Lko & Others
 
Counsel for Appellant :- Syed Waqar Husain,Salman Abbas
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajan Roy,J.

Hon'ble Saurabh Lavania,J.

Heard.

This first appeal has been filed allegedly under Sub-section (3) of Section 6 of the U.P. Public Services (Tribunals) Act, 1976, which reads as under:-

"6. Bar of Suits.- (1)...........

(2)........................

(3) All appeals pending before the High court on the date immediately preceding the appointed date arising out of such suits shall continue to be heard and disposed of by that Court as heretofore as if this Act had not come into force:

Provided that if the High Court considers it necessary to remand or refer back the case under Rule 23 or Rule 25 of Order XLI of the First Schedule to the Code of Civil Procedure, 1908 (Act V of 1908) the order of remand or reference shall be directed [to the Tribunal] instead of to the subordinate Court concerned and the Tribunal shall thereupon decide the case or issue, subject to the directions of the High Court, in the same manner as if it were a claim referred to it under section 4."

When we peruse Section 6(3) of the Act, 1976 we do not find any provision for filing appeal challenging a judgment of the Tribunal before the High Court. The remedy is to file a writ petition which lies before a Division Bench.

The Appeal is, accordingly, dismissed.

Order Date :- 20.5.2021

R.K.P.