Kashi Nath Basak vs Union Of India And 2 Others
2023 Latest Caselaw 25468 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:180438
 
Court No. - 37
 

 
Case :- WRIT - A No. - 15138 of 2023
 

 
Petitioner :- Kashi Nath Basak
 
Respondent :- Union Of India And 2 Others
 
Counsel for Petitioner :- Ratnesh Kumar Pandey,Pawan Kumar Mishra
 
Counsel for Respondent :- A.S.G.I.,Jagdish Pathak
 

 
Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioner and Sri Satyajeet Mukharjee, learned counsel for respondents no.2 and 3.

Admittedly, the petitioner is an employee of the department which already stands notified under Section 14 of the Administrative Tribunals Act, 1985 before the Central Administrative Tribunal.

Placing reliance on the judgment of the Apex Court in the case of L. Chandra Kumar vs. Union of India and others reported in AIR 1997 SC 1125, the contention of learned counsel for the respondents is that the Court of first instance for such employees is the Central Administrative Tribunal and consequently this Court may not have jurisdiction to entertain and decide the petition.

Considering the provisions of the aforesaid Act and keeping in view the law laid down by the Constitution Bench of the Apex Court in the case of L. Chandra Kumar (supra), the writ petition is disposed of leaving it open to the petitioner to approach the Central Administrative Tribunal for any of his grievance which remain.

Order Date :- 19.9.2023

A. Katiyar