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Noor Mohammad v. State Of U.P. And Another - WRIT - A No. 70125 of 2005 [2005] RD-AH 5632 (11 November 2005)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Rakesh Tiwari,J.

Heard counsel for the parties and perused the record.

 The petitioner has come up before this Court with the prayer that the respondents may be directed to pay salary to the petitioner for the post of Tractor/Tanker driver.

It appears from record that the petitioner was appointed as ''Safai Karmchari' in Nagar Panchayat,Katghar Lal Ganj, District Azamgarh. He was allowed to drive the tractor as locally arrangement vide order dated 31.1.2005. There is no averment in the writ petition that the post of Tractor/Tanker driver is a sanctioned post. The petitioner claims salary and promotion for the post of tractor/tanker driver. Whether the post of tractor/tanker driver is sanctioned or not and whether the petitioner is entitled for salary or not is a disputed question of fact which requires adjudication by adducing oral and documentary evidence. This can be done by the Labour Court and not by this Court under Article 226 of the Constitution of India.

It has been the consistent view of Hon'ble the Supreme Court that wherever an alternative remedy is available it should not be bypassed and the petitioner has to approach this Court after availing alternative remedy. Reference in this regard may be made to (2005) 6 SCC-725, Hindustan Steel Works Construction Ltd. and another Vs. Hindustan Steel Works Construction Ltd Employees Unions.

The writ petition is dismissed on the ground of alternative remedy.

Dated 11.11.2005



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