Brijesh Yadav vs Union Of India And 2 Others
2022 Latest Caselaw 11057 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - A No. - 12300 of 2022
 

 
Petitioner :- Brijesh Yadav
 
Respondent :- Union Of India And 2 Others
 
Counsel for Petitioner :- Rishu Mishra,Pankaj Dubey
 
Counsel for Respondent :- A.S.G.I.,Rajesh Tewari
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

(1) Heard the learned counsel for the petitioner and Shri V.K. Asthana, who appears for the Respondent nos.2 and 3 and Smt. Kiran Bala appears for the Respondent no.1 and perused the record.

(2) Learned counsel for the respondents says that this writ petition is not maintainable for the relief as claimed before this Court as the Employees State Insurance Corporation has been notified in the Schedule appended to the Administrative Tribunal, 1985.

(3) Learned counsel for the petitioner on the other hand has sought to distinguish the judgment rendered in L. Chandra Kumar Vs. Union of India on the ground that that petitioner is still not an employee of the Respondent nos.2 and 3. He has taken part in the selection Advertised by the Respondent no.2 for various posts.

(4) This Court after hearing the learned counsel for the petitioner, has also gone through the provisions of the Administrative Tribunal's Act wherein "service matters" have been defined in Section 3q which is the Definition Clause as under:-

(q) "service matters", in relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India, or, as the case may be, of any corporation 7[or society] owned or controlled by the Government, as respects?

(i) remuneration (including allowances), pension and other retirement benefits;

(ii) tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation;

(iii) leave of any kind;

(iv) disciplinary matters; or

(v) any other matter whatsoever;"

The question of Recruitment is also included in any other matter whatsoever has given in Sub Clause-(V) of Section 3q.

(5) This petition is dismissed as not maintainable with liberty to the petitioner to approach the Central Administrative Tribunal.

Order Date :- 23.8.2022

PAL