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VINOD KUMAR SINGH versus UNION OF INDIA THRU' DEFENCE SECY. & OTHERS

High Court of Judicature at Allahabad

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Vinod Kumar Singh v. Union Of India Thru' Defence Secy. & Others - WRIT - A No. 33508 of 2002 [2006] RD-AH 11565 (14 July 2006)

 

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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

HON. SHISHIR KUMAR, J.

I have heard the learned counsel for the petitioner and Sri M.K. Chatterjee as counsel for the respondents.

This writ petition has been filed for claiming the appointment under Dying in Harness Rules. Though the writ petition has been entertained and counter and rejoinder affidavits have been exchanged but in view of the judgment of the Apex Court in L. Chandra Kumar Vs. Union of India and others (1997) 3, S.C.C. 261 the Apex Court has held that the remedy of Tribunal cannot be bypassed. The person aggrieved has to approach the Central Administrative Tribunal first.

In view of the aforesaid fact, the writ petition is dismissed on the ground of alternative remedy for approaching the Central Administrative Tribunal, Allahabad. If the petitioner files a claim petition before the Central Administrative Tribunal within one month, the same may be decided on merit without taking into consideration the question of limitation.

14.7.2006

V.Sri/-

W.P. 33508 of 2002


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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