S Lakshminarayana vs The Director on 31 August, 2012

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Karnataka High Court

S Lakshminarayana vs The Director on 31 August, 2012

Bench: Subhash B.Adi

                        1          W.P.No.29893/2009




 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

     DATED THIS THE 31ST DAY OF AUGUST 2012

                     BEFORE

     THE HON'BLE MR.JUSTICE SUBHASH B.ADI

              W.P.No.29893/2009(S-R)

BETWEEN:

S.LAKSHMINARAYANA
S/O. LATE P.V.SWAMINATHAN
AGED ABOUT 61 YEARS
FINANCE MANAGER (RETD.),
AERONAUTICAL DEVELOPMENT AGENCY
RESIDING AT 173/B, 7TH MAIN, 4TH BLOCK
RAJAJINAGAR
BANGALORE-560 010                  ...PETITIONER

(BY SHRI S.SREEDHARA, ADVOCATE-ABSENT)

AND:

1.     THE DIRECTOR
       CENTRAL LEATHER INSTITUTE
       ADAYAR
       CHENNAI-600 020

2.     THE DIRECTOR
       AERONAUTICAL DEVELOPMENTAL AGENCY
       MINISTRY OF DEFENCE
       P.B.NO.1718
       VIMANAPURA POST
       BANGALORE-560 017

3.     COUNCIL OF SCIENTIFIC & INDUSTRIAL
       RESEARCH, ANUSANDHAN BHAWAN
                              2            W.P.No.29893/2009




     2, RAFI MARG
     NEW DELHI-110 001                  ... RESPONDENTS

(BY SRI M.VASUDEVA RAO, ADVOCATE FOR R1 & R3;
    SRI K.MOHAN KUMAR OF M/S.KASTURI
    ASSOCIATES, ADVOCATES FOR R2)

     THIS W.P. IS FILED UNDER ARTICLES 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH (i)
LETTER DATED 03.12.2004 ISSUED BY R2 VIDE
ANNEXURE-R (ii) LETTER DATED 14.11.2008 ISSUED
BY R1 VIDE ANNEXURE-W (iii) LETTER DATED
21.01.2009 ISSUED BY THE R3 VIDE ANNEXURE-X
AND ETC.

    W.P. COMING ON FOR HEARING THIS DAY, THE
COURT MADE THE FOLLOWING:

                         ORDER

None appears for the petitioner. The Petitioner in this writ petition has sought for writ of certiorari quashing the letter dated 03.12.2004 produced at Annexure-R, issued by respondent No.2. Annexure-R reads as follows:

"With reference to the above letter, it is hereby stated that Sri.S.Lakshminarayan, Assistant Finance Officer, ex-LDC, CLRI, was absorbed in Aeronautical Development Agency in the post of Office Assistant in the pay scale of Rs.1400-2600 (later revised to 3 W.P.No.29893/2009 1640-2900) w.e.f 12.12.1986 (twelfth day of December 1986)."

3. Annexure-R is not an order passed against the interest of the petitioner. It is only informing the petitioner about his absorption in the Aeronautical Development Agency in the post of Office Assistant. Annexures- X and W are passed by respondent Nos.1 and 3. The relief claimed against respondents 1 and 3 is amenable to the Jurisdiction of the Central Administrative Tribunal under Section 14 of the Administrative Tribunals Act, 1985. As such, the writ petition is not maintainable, accordingly, same is dismissed with liberty to the petitioner to pursue his remedy before the Central Administrative Tribunal.

Sd/-

JUDGE Yn.

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