High Court of Judicature at Allahabad
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Bhola Nath Yadav v. Union Of India Thru' Secy. Defence New Delhi & Another - WRIT - A No. 295 of 2002  RD-AH 8848 (3 May 2006)
HON. SHISHIR KUMAR, J.
The petitioner's father was an employee of the Ordinance Depot, Fort, Allahabad. He died in harness. The application of the petitioner for appointment under the Dying in Harness Rules has been rejected by the authority concerned.
In view of the constitutional bench judgment of the Apex Court reported in L. Chandra Kumar Vs. Union of India and others (1997) 3, S.C.C. 261the Apex Court has held that the petitioner cannot bypass the remedy by not reproaching the Central Administrative Tribunal. He has to approach the Central Administrative tribunal First.
I have heard Sri Ramesh Singh, learned counsel for the respondents.
In view of the aforesaid fact the writ petition is dismissed on the ground of alternative remedy. If the petitioner files a claim petition before the Tribunal, the Tribunal will consider the same on merit without taking into consideration the question of limitation. No order as to costs.
W.P. No. 295 of 2002
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