Mangal vs North Municipal Corporation Of ...
2018 Latest Caselaw 736 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                       Date of Decision: January 31, 2018

+     W.P.(C) 907/2018 & C.M. 3826/2018
      MANGAL                                       ..... Petitioner
                           Through: Mr. Mukesh Kumar & Ms. Nazia
                           Khanam, Advocates

                           Versus

      NORTH MUNICIPAL CORPORATION OF DELHI & ORS.
                                              ..... Respondents
                   Through: Ms. Biji Rajesh, Advocate for
                   Mr.Gaurang Kanth, Advocate

      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                       JUDGMENT

ORAL

1. Petitioner is a retired Safai karamchari of respondent-Corporation, who seeks release of his retiral benefits.

2. Learned counsel for petitioner submits that an application was filed to seek retiral benefits but to no avail and petitioner had to issue a Legal Notice (Annexure P-6), on 26th October, 2017 to which also there is no response by respondent-Corporation. Counsel for petitioner further submits that no response has been received by petitioner to the information sought under The Right to Information Act, 2005.

3. Learned counsel for respondent-Corporation submits that this is a service matter concerning North Municipal Corporation of Delhi and so,

petitioner ought to avail of the remedies by approaching Central Administrative Tribunal, New Delhi.

4. It is evident from Section 14 of The Administrative Tribunals Act, 1985 that all service matters pertaining to service in connection with affairs of corporation or authority controlled by State Government are required to be dealt with by the Central Administrative Tribunal. As per Section 2(q) of The Administrative Tribunals Act, 1985, service matters includes claims for retiral benefits as well.

5. In view of aforesaid, this petition is disposed of with liberty to petitioner to invoke jurisdiction of the Central Administrative Tribunal.

SUNIL GAUR (JUDGE)

JANUARY 31, 2018 r