High Court of Judicature at Allahabad
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Amruddin v. Union Of India And Others - WRIT - A No. 19649 of 2007  RD-AH 7457 (24 April 2007)
Hon'ble Ashok Bhushan, J.
Heard counsel for the petitioner. Sri V. K. Shukla has appeared for the respondents.
By this writ petition the petitioner has prayed for quashing the order dated 18.1.2006 passed by the Superintendent of Post Offices by which the claim of the petitioner for appointment in the rural area as extra department Postal Mail Career, has been rejected. Petitioner claiming appointment in the Department of Post & Telegraph, is in fact seeking employment against the Central Government Department . The remedy of the petitioner is to file a claim petition before the Central Administrative Tribunal. Learned counsel for the petitioner submitted that earlier this Court passed an order dated 24.10.2005 in the writ petition filed by the petitioner being writ petition No. 4807 of 2003 directing the respondents to consider and dispose of the case of the petitioner hence the writ petition be entertained by this Court. The apex Court in (1997) 3 S.C.C. page 261 L. Chandra Kumar Versus Union of India and others has laid down that the Central Administrative Tribunal shall entertain all original claims and the High Court as a judicial review can only entertain the writ petition by Division Bench against the judgement of the Central Administrative Tribunal. It was further observed that the employee of the Central Government cannot directly, at the first instance, approach the High Court. In view of above pronouncement of the apex Court this writ petition cannot be entertained. The order of this Court dated 24.10.2005 only directed for deciding the representation and the question as to whether the writ petition is maintainable was neither raised nor decided hence the said order does not help the petitioner in the present case. It is open for the petitioner to file claim petition before the Central Administrative Tribunal. Learned counsel for the petitioner submitted that there is delay in filing the claim petition. It is open for the petitioner to file delay condonation application before the Central Administrative Tribunal. The petitioner may seek remedy before the Central Administrative Tribunal.
With the above observations the writ petition is dismissed.
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