Allahabad High Court
Sep/Lab Asst Rishav Dubey vs U.O.I.Thru Secy.Defence Ministry New ... on 10 July, 2020
Author: Manish Kumar
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 30 Case :- SERVICE SINGLE No. - 10693 of 2020 Petitioner :- Sep/Lab Asst Rishav Dubey Respondent :- U.O.I.Thru Secy.Defence Ministry New Delhi & Ors. Counsel for Petitioner :- Gyanendra Kumar Pandey,Col Ashok Kumar Srivastav Counsel for Respondent :- A.S.G. Hon'ble Manish Kumar,J.
Heard Col. Ashok Kumar Srivastava, learned counsel for the petitioner and Sri Surya Bhan Pandey, learned A.S.G. assisted by Sri Varun Pandey, learned counsel for the opposite parties.
The present writ petition has been filed by the petitioner for quashing of the AMC records, Lucknow letter/nominal roll dated 10-06-2020 directing AMC Centre & College (Training) to project a vacancy for the petitioner in Steward Course commencing w.e.f. 02/07/2020 till his O.A. No. 518/2020 is decided by AFT (RB), Lucknow and also quashing the sanction to transfer/remuster the petitioner in the trade of a Steward as intimated vide AG Branch, DG Med. Services letter no. B/73134/DGMS-3C dated 02/06/2020 Annexure No. 2) in view of his pending consideration in the Original Application No. 518/2020 is decided by the Armed Forces Tribunal(Regional Bench), Lucknow, apart from other reliefs.
Learned counsel for the petitioner has submitted that the petitioner was working as a Lab. Assistant Class-III and his services have been converted into Steward, which is not permissible under law. The petitioner has been transferred to Bengaluru from Lucknow.
On the other hand, Sri S.B.Pandey, learned A.S.G. has submitted that the petitioner has an alternative remedy to challenge all these orders before the Armed Forces Tribunal, Lucknow Bench, Lucknow.
In reply, learned counsel for the petitioner has submitted that the Armed Forces Tribunal is not empowered to adjudicate the matter pertaining to transfer of the petitioner.
Learned A.S.G. has pointed out that this is not a transfer order, but, the change of the post of the petitioner and sending him to training course of Steward, so these orders are liable to be challenged before the Armed Forces Tribunal.
After hearing learned counsel for the parties and going through the orders passed by the authorities, I find that these are the orders passed, by which the petitioner has been sent to the post of Steward from the post of Lab Assistant Class-III. For the post of Steward, the petitioner has been sent for training at Training Centre, Bengaluru.
In every prayer clause, the petitioner has submitted that he has been sent for Steward course till his O.A. is decided by the Armed Forces Tribunal(Regional Bench), Lucknow, but, no orders impugned in the present writ petition indicate so.
After perusal of the impugned orders and considering the submissions made by the learned counsel for the parties, I am of the opinion that the orders dated 10-06-2020 and 02-06-2020 (Annexure Nos. 1 & 2 to the writ petition) are not the transfer orders, but, these are the orders by which the post of the petitioner has been converted and as a consequence the petitioner has been sent for training at Bengaluru. So in any case, if it is treated as transfer, it is consequence of the change of the post of the petitioner and if the order of the change of the post of the petitioner goes, the order of the petitioner for training at Bengaluru, will also automatically go.
I am of the considered opinion that the petitioner has an alternative remedy to file an Original Application challenging all these orders before the Armed Forces Tribunal. The present writ petition is not maintainable.
For the facts and reasons mentioned hereinabove, the writ petition is dismissed with liberty to the petitioner, if he so chooses, may file an Original Application before the Armed Forces Tribunal.
Order Date :- 10.7.2020/AKS