Court No. - 5
Case :- WRIT - A No. - 9478 of 2021 Petitioner :- Ashok Kumar Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Anil Kumar Counsel for Respondent :- A.S.G.I.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned A.S.G.I. for the respondents no.1 to 3.
The petitioner by means of present writ petition has prayed for following reliefs:-
"(A) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.3 to pass order for joining of the petitioner on the of branch post master at branch post office Bhainkui, District Hathras and provide salary month to month regularly.
(B) Issue a writ, order or direction in the nature of mandamus commanding the respondents to provide salary and other dues as and when fallen due from 01.01.2004 to 29.09.2005 (during suspension period) and from 29.09.2005 to till so far (termination period)."
Learned counsel for the respondents submits that petitioner is employee of postal department and the writ petition is not maintainable, as the postal department is notified under Central Administrative Tribunals Act, 1985. Accordingly, petitioner has statutory alternative remedy of filing of original application before Central Administrative Tribunal.
Since, there is statutory alternative remedy of filing of original application under the Act, therefore, the writ petition is dismissed.
Order Date :- 12.8.2021 SS