Ajay Shaw vs The Union Of India & Ors
2023 Latest Caselaw 3079 Cal

May 01, 2023 (7) ARDR

WPA 7215 of 2023

Ajay Shaw Vs.

The Union of India & Ors.

Adv. Shareq Siddique, Adv. Shahnawaz Alam, Adv. Rajdeep Bhattacharya, ...for the petitioner.

Adv. Rajib Mukherjee, Adv. Shyasree Bhaduri, ...for the BSNL.

The petitioner prayed for compassionate

appointment since his father died in-harness being an

employee of Bharat Sanchar Nigam Limited (BSNL), on

May 8, 2021. The prayer of the petitioner was rejected by

the authorities concerned. Challenging such order of

rejection the petitioner has filed the instant writ petition.

Mr. Mukherjee, learned counsel appearing on

behalf of the petitioner, submits that the petitioner's

father was an employee under the Central Government

and, therefore, this Court has no jurisdiction to entertain

the present writ petition. The appropriate Tribunal under

The Administrative Tribunals Act, 1985 is the proper

forum for adjudication of the petitioner's grievances.

Considering the rival submissions of the parties,

materials placed on record and also a decision passed by

a coordinate Bench in WPA 7402 of 2021 (Mahua

Chakraborty & anr. vs. Union of India & Ors.), this

Court is of the view that the appropriate tribunal under

the Administrative Tribunals Act, 1985 is the authority

where the petitioner's grievance should be ventilated at

the first instance. The Court also relies on the judgment

of the Apex Court reported in (1995) 1 SCC 400 (L.

Chandrakumar vs. Union of India).

With the observations made hereinabove, the writ

petition being WPA 7215 of 2023 is dismissed with

liberty to approach the appropriate tribunal on the self-

same cause of action, if so advised.

This Court has also taken into consideration the

notification issued on October 31, 2008 by the Ministry

of Personnel, Public Grievances and Pensions,

Government of India.

Since no affidavits have been directed to file in the

instant writ petition, all the allegations contained therein

are deemed not to have been admitted by the parties.

All parties shall act on the serve copy of this order

duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if

applied for, be given to the parties, upon compliance of

all formalities.

(Lapita Banerji, J.)