Gujarat High Court
Kalumuddin Aminuddin Ansari vs Union Of India on 4 April, 2018
Author: A.J. Shastri
Bench: A.J. Shastri
C/SCA/7681/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7681 of 2017
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KALUMUDDIN AMINUDDIN ANSARI
Versus
UNION OF INDIA
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Appearance:
MR RAMNANDAN SINGH(1126) for the PETITIONER(s) No. 1
MR JOY MATHEW(448) for the RESPONDENT(s) No. 4
NOTICE SERVED(4) for the RESPONDENT(s) No. 1,2,3
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CORAM: HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 04/04/2018
ORAL ORDER
1. The present petition is filed under Article 226 of the Constitution of India for the purpose of seeking following reliefs:
"(A) Your Lordships may be pleased to admit and allow this application.
(B) Your Lordships may be issue writ of mandamus or any other appropriate writ, order directing the respondent authorities to regularize the service of the petitioner with effect from the date on which Mr.Moti Puna Patel, Mr.Rajkumar G. Dubedi were made R.M. And also may be pleased to protect the salary of the petitioner equivalent to the aforesaid employees who were made regular being contemporary employees.
(C) Your Lordships may be pleased to pass any other order, direction or relief, which may be deemed fit in the facts and circumstances of the present case."
2. At the outset, without entering into merits of the case, it has been brought to the notice of this Court that by virtue of Page 1 of 2 C/SCA/7681/2017 ORDER Notification dated 31.10.2008 reflecting on page:61, the Bharat Sanchar Nigam Limited is covered within the said Notification at Sr.No.154, as mentioned at page:62 of the petition compilation, by virtue of which grievance which has been voiced out in the present petition can well be ventilated before the appropriate statutory forum, which has been created i.e. Central Administrative Tribunal. As a result of this, undisputedly, since the cause mentioned in the present petition can be dealt with by Central Administrative Tribunal, permission is granted to withdraw this petition with a view to approach the Central Administrative Tribunal and it is always open for the petitioner to raise all consequential contention to justify grievance which has been voiced out.
3. With the above observations, petition stands disposed of as withdrawn. It is made clear that this Court has not expressed any opinion on merits with regard to claim as petition is relegated to the Tribunal which has been created. Notice is discharged.
Direct service is permitted.
(A.J. SHASTRI, J) MISHRA AMIT V. Page 2 of 2