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[Cites 1, Cited by 1]

Rajasthan High Court - Jodhpur

Sanjay Kumar Saini vs Union Of India & Ors on 9 September, 2016

Author: Govind Mathur

Bench: Govind Mathur

                             [1]

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        AT JODHPUR
--------------------------------------------------------------
        D.B. CIVIL WRIT PETITION NO.10260/2016

PETITIONER :
Sanjay Kumar Saini S/o Geega Ram Saini, By caste -
Saini, Aged about - 26 years, R/o Dhani-Purani
Village/Post - Deorala, Tehsil - Shrimadhopur, District
- Sikar (Rajasthan) At Present working at SHQ BSF
Jaisalmer (North) on the post of HC (Ministerial)
                           Versus
RESPONDENTS :
1. Union of India through the Secretary, Government
of India, Home Department, New Delhi (India)
2.      The   Director,   Ministry   of    Personnel,    Public
Grievances and Pensions (Department of Personnel and
Training), New Delhi (India)
3.   The Director, General Border Security Force, 7th
Floor, Block No.10, CGO Complex, Lodhi Road, New
Delhi
4.      The   Commandant     (Staff),     Headquarter,    BSF,
Jodhpur (Rajasthan)
5.   The Commandant, 62Bn BSF, Bikaner, District-
Bikaner (Rajasthan)


                Date of Order : 09.09.2016

            HON'BLE MR. GOVIND MATHUR,J.
        HON'BLE MR. KAILASH CHANDRA SHARMA,J.

Mr. Dashrath Singh for the petitioner

                           ORDER
                            ---

BY THE COURT :
[2]

This petition for writ is before us to question correctness of clause 4.8 of the office memorandum dated 11.11.2010 issued by the Director (Esablishment), Ministry of Personnel, Public Grievance and Pensions (Department of Personnel and Training), New Delhi. The office memorandum aforesaid pertains to determination of seniority among the persons appointed to the services and posts under the Central Government.

The jurisdiction to adjudicate such issues is available to Central Administrative Tribunal as per provisions of the Administrative Tribunals Act, 1985.

Looking to this aspect of the matter, counsel for the petitioner wants to withdraw this petition for writ with liberty to approach the forum under the Act of 1985.

Dismissed, accordingly.

(KAILASH CHANDRA SHARMA),J. (GOVIND MATHUR),J. Pramod