Sayajirao Vanajirao Wavhal And ... vs The State Of Maharashtra And ...
2022 Latest Caselaw 7347 Bom

                                                                942 WP 10019 21.odt

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                      942 WRIT PETITION NO.10019 OF 2021
                   SAYAJIRAO VANAJIRAO WAVHAL AND OTHERS
                                        VERSUS
                    THE STATE OF MAHARASHTRA AND OTHERS
                                           ...
                  Advocate for Petitioners : Mr. Sontakke Sandeep B.
                   AGP for Respondent Nos. 1 to 3 : Mr. A.S. Shinde

                              CORAM           : MANGESH S. PATIL &
                                                SANDEEP V. MARNE, JJ.

                              DATE            : 28.07.2022.

PER COURT :

         We have heard both the sides.

2. By way of present petition, the petitioners seek the relief of grant of advance increment for excellent work on the basis of confidential reports. Admittedly, the petitioners are employees of the State Government. There is a remedy available to the petitioners under the Administrative Tribunals Act, 1985 to approach the Maharashtra Administrative Tribunal. In the judgment of L. Chandra Kumar Vs. Union of India and others; (1997) 3 Supreme Court Cases 261 the constitution bench of the Supreme Court has held that the employees cannot directly approach the High Courts seeking remedies and that the Administrative Tribunal would be the courts of first instance in respect of areas of laws for which they are constituted.

3. In view of the matter, we are not inclined to entertain the petition. The petitioners will, however, have the remedy to file an appropriate proceedings before the Maharashtra Administrative Tribunal.

4. The Writ Petition is disposed of accordingly.

 (SANDEEP V. MARNE J.)                                   (MANGESH S. PATIL, J.)

mkd/-