Pravesh Kumar Bhatnagar vs Union Of India And 2,Others
2022 Latest Caselaw 3304 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 5456 of 2022
 

 
Petitioner :- Pravesh Kumar Bhatnagar
 
Respondent :- Union Of India And 2,Others
 
Counsel for Petitioner :- Satyendra Narayan Singh
 
Counsel for Respondent :- A.S.G.I.,Arvind Singh
 

 
Hon'ble Rajiv Joshi,J.

Heard Shri Satyendra Narayan Singh, learned counsel for the petitioner, Shri Arvind Singh representing the Union of India and perused the record.

The instant writ petition under Article 226 of the Constitution of India has been filed with the following prayers:-

(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 17.01.2022 passed by respondent no.2 (Annexure No.-27 to the writ petition).

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to consider the candidature of the petitioner for the post of Welfare Inspector in the department concerned within stipulated time.

(iii) Issue a writ, order or direction in the nature of mandamus directing the respondent nos.2 and 3 to pay the salary and bonus and other dues which is fallen due against the respondent authority forthwith alongwith 12% interest.

Learned counsel for Union of India has raised preliminary questions regarding maintainability of this writ petition and submits that in view of judgment of the Hon'ble Apex Court in the case of L. Chandra Kumar Vs. Union of India reported in 1997 SCC (L &S) 577 the petitioner being a Central Government employee has a remedy to approach the Central Administrative Tribunal and the writ petition before this Court is not maintainable.

Learned counsel for the petitioner admitted the said proposition of law and submits that he will approach the Central Administrative Tribunal within a month.

The writ petition is accordingly dismissed on the ground of availability of alternative remedy to the petitioner.

Order Date :- 18.5.2022/Zafar