Shilpee Pathak vs Union Of India
2023 Latest Caselaw 12986 MP

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                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SMT. JUSTICE NANDITA DUBEY
                                            ON THE 10 th OF AUGUST, 2023
                                          WRIT PETITION No. 19339 of 2023

                          BETWEEN:-
                          SHILPEE PATHAK W/O SHRI SANJAY PATHAK
                          PERMANENT RESIDENT OF 108, WARD NO 7,
                          MOHANPURVA NEAR RISHU ANAND SCHOOL, SATNA
                          ROAD, PANNA (M.P.)
                          CURRENT RESIDENT BEHIND BHADORIYA CEMENT,
                          NEAR    MADHAV     RESIDENCY SHEEL NAGAR,
                          BOHDAPUR, GWALIOR (MADHYA PRADESH)

                                                                               .....PETITIONER
                          (BY SHRI ABHIGYA VERMA - ADVOCATE)

                          AND
                          1.    UNION OF INDIA THROUGH SECRETARY
                                MINISTRY OF RAILWAY R/O RAIL BHAWAN,
                                RAISINA MARG, DISTRICT NEW DELHI (DELHI)

                          2.    JOINT DIRECTOR (LAND AND FACILITY )
                                RAILWAY BOARD R/O RAILWAY BOARD RAIL
                                BHAVAN NEW DELHI (DELHI)

                          3.    GENERAL MANAGER WEST CENTRAL RAILWAY
                                R/O 35 SOUTH CIVIL LINES DISTRICT JABALPUR
                                (MADHYA PRADESH)

                          4.    THE    DIVISIONAL RAILWAY   MANAGER
                                (PERSONNEL) DRM OFFICE AT DRM RD R/O
                                BENGALI COLONY N-2 HABIBGANJ BHOPAL
                                (MADHYA PRADESH)

                          5.    SUB DIVISIONAL OFFICER REVENUE AND LAND
                                ACQUISITION OFFICER R/O REVENUE AND LAND
                                ACQUISITION   OFFICER    PANNA   (MADHYA
                                PRADESH)

                                                                             .....RESPONDENTS
                          (BY SHRI PUSHPENDRA YADAV - DEPUTY SOLICITOR GENERAL)
Signature Not Verified
Signed by: JITIN KUMAR
CHOURASIA
Signing time: 8/11/2023
5:06:43 PM
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                                This petition coming on for admission this day, the Court passed the
                          following:
                                                                   ORDER

Learned counsel for the petitioner submits that in lieu of land acquired by Railway Administration, the petitioner deserves appointment as per the policy. He submits that appointment needs to be given by Railway Administration. He relied upon certain single Bench orders of this Court wherein representations were directed to be decided.

Learned Deputy Solicitor General has placed reliance on an order passed by a coordinate bench of this Court in WP No.4909/2023 (Ashish Patel vs. Union of India and others) decided on 9th of August, 2023, and submitted

that in view of order passed by the Constitution Bench of Supreme Court in the case of L.Chandra Kumar vs. Union of India reported in (1997) 3 SCC 261, the present petition is not maintainable.

The Constitution Bench of Supreme Court in the case of L. Chandra Kumar Vs. Union of India reported in (1997) 3 SCC 261 opined as under :-

"93. Before moving on to other aspects, we may summarise our conclusions on the jurisdictional powers of these Tribunals. The Tribunals are competent to hear matters where the vires of statutory provisions are questioned. However, in discharging this duty, they cannot act as substitutes for the High Courts and the Supreme Court which have, under our constitutional set-up, been specifically entrusted with such an obligation. Their function in this respect is only supplementary and all such decisions of the Tribunals will be subject to scrutiny before a Division Bench of the respective High Courts. The Tribunals will consequently also have the power to test the vires of subordinate legislations and rules. However, this power of the Tribunals will be subject to one important exception. The Tribunals shall not entertain any question

Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 8/11/2023 5:06:43 PM

regarding the vires of their parent statutes following the settled principle that a Tribunal which is a creature of an Act cannot declare that very Act to be unconstitutional. In such cases alone, the High Court concerned may be

approached directly. All other decisions of these Tribunals, rendered in cases

that they are specifically empowered to adjudicate upon by virtue of their parent statutes, will also be subject to scrutiny before a Division Bench of their respective High Courts. We may add that the Tribunals will, however, continue to act as the only courts of first instance in respect of the areas of law for which they have been constituted. By this, we mean that it will not be open for litigants to directly approach the High Courts even in cases where they question the vires of statutory legislations (except, as mentioned, where the legislation which creates the particular Tribunal is challenged) by overlooking the jurisdiction of the Tribunal concerned." (Emphasis supplied)

In view of this binding Constitution Bench judgment, the Court of first instance for service matters is the Central Administrative Tribunal and high Court is not obliged to act as a Court of first instance. Thus, the petition is not maintainable and Single Bench orders passed by other Benches in ignorance of Constitution Bench Judgement are not binding on this Court.

The petition is disposed of by reserving liberty to the petitioner to approach the tribunal.

Certified copy as per rules.

(NANDITA DUBEY) JUDGE jk

Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 8/11/2023 5:06:43 PM