Allahabad High Court
Abhishek Kumar vs Union Of India And 3 Others on 4 March, 2020
Author: Saral Srivastava
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 55 Case :- WRIT - A No. - 3322 of 2020 Petitioner :- Abhishek Kumar Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Manoj Srivastava,Dheeraj Kumar Pandey Counsel for Respondent :- A.S.G.I.,Krit Raj Singh Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Sri Krit Raj Singh, learned counsel for the respondents.
The brother of the petitioner was working as Personal Assistant in Post Office Kanpur Cant, who died on 04.04.2016. The petitioner claiming to be the dependent of his brother submitted application to the respondent no.3-Chief Post Master General, U.P. Region, Hazaratganj, Lucknow on 14.02.2020 praying for compassionate appointment.
The petitioner in the aforesaid backdrop has prayed for the following main reliefs:-
"(i) to issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to issue appointment letter to the petitioner under Dying in Harness Rules.
(ii) to issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to decide the representation dated 14.02.2020 of petitioner."
Learned counsel for the respondents submits that the brother of the petitioner was a Central Government Employee, therefore, the petitioner has remedy of filing original application before the Central Administrative Tribunal. Thus, the submission is that the writ petition is not maintainable as the petitioner is remedy of filing original application under Section 19 of the Administrative Tribunal Act.
Since, the petitioner is claiming appointment in the Postal Department, which relates to service, therefore, the writ petition is not maintainable.
Consequently, the writ petition is dismissed on the ground of alternate remedy.
Order Date :- 4.3.2020 Ravi Kant