Patna High Court
Hony. Capt. Ram Kumar Singh vs The Union Of India on 6 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15918 of 2021
======================================================
Hony. Capt. Ram Kumar Singh S/o Late Ashewar Singh A/p posted as
Manager, Youth Hostel, Patna, R/o Sainik Puri Colony, Ghordaur Road, Opp.
Patliputra Station, P.S. Rupaspur, Distt- Patna.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Ministry of Youth Affairs and
Sports, Department of Youth Affairs, Shastri Bhawan, New Delhi.
2. The Secretary, Ministry of Youth Affairs and Sports, Department of Youth
Affairs, Shastri Bhawan, New Delhi.
3. The Under Secretary, Ministry of Youth Affairs and Sports, Department of
Youth Affairs, Shastri Bhawan, New Delhi.
4. The State of Bihar through the Principal Secretary Cum Chairperson of
Hostel Management Committee of Youth Hostel Patna, Department of Art,
Culture and Youth Government of Bihar, Room No. 327, 3rd Floor, Vikas
Bhavan, New Secretariat, Bailey Road, Patna- 800015.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jai Prakash Verma, Advocate
For the State : Mr.Awanish Nandan Sinha (GP21)
For the UOI : Mr. Ravinder Kumar Sharma, CGC
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 06-12-2021
Heard learned counsels for respective parties.
In the instant petition, petitioner has prayed for
following reliefs:-
"For issuance of an
appropriate writ/writs, order/orders, and
direction/directions, in the nature of
mandamus for commanding and
directing to the respondent authorities to
consider the case of the petitioner for
Patna High Court CWJC No.15918 of 2021 dt.06-12-2021
extension of his service contract for
further one year with retrospective effect
i.e. w.e.f. 15.06.2021 considering the
guideline of the Ministry of Youth Affairs
and Sports, issued under the signature of
Under Secretary to the Government,
Department of Youth Affairs, Youth
Hostel Section, Shastri Bhawan, New
Delhi dated 19th January, 2018 and
provide him dues honorarium for the
working period w.e.f. 15.06.2021 till date
continuously month to month and for the
other necessary relief/reliefs for which
the petitioner is entitled to in accordance
with law."
Petitioner is stated to have been appointed as a Manager
of Youth Hostel, Patna in the Department of Youth Affairs which is
part and parcel of Ministry of Youth Affairs and Sports, Govt. of
India. Since petitioner is working in the Department of Youth
Affairs which is part and parcel of Central Government he has
statutory remedy before the Central Administrative Tribunal.
In the light of Hon'ble Apex Court decision in the case
of L. Chandra Kumar vs. Union of India and Others reported
in (1997) 3 SCC 261 the first remedy is before the Central
Administrative Tribunal, therefore, the present petition filed by the
petitioner is not maintainable under Article 226 of the Constitution
of India.
Patna High Court CWJC No.15918 of 2021 dt.06-12-2021
Accordingly, writ petition stands dismissed reserving
liberty to the petitioner to approach appropriate forum in
accordance with law.
(P. B. Bajanthri, J)
Vikash/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date
Transmission Date N/A
