Court No. - 5
Case :- WRIT - A No. - 13915 of 2021 Petitioner :- Sagar Sharma Respondent :- Union Of India Through Secretary Ministry Of Defence And 2 Others Counsel for Petitioner :- Priyavrat Tripathi,Sarvanand Pandey Counsel for Respondent :- A.S.G.I.,Neeru Devi
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Ms. Neelu Devi, learned counsel for the respondents.
The father of the petitioner namely late Yadvendra Kumar was Mechanist in Ordinance Factory, Kanpur and had died on 07.11.2015. The petitioner is claiming compassionate appointment under Dying-in-Harness Rules.
Learned counsel for the respondents submits that the matter relates to Ordinance Factory, therefore, the writ petition is not maintainable, as it 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 on the ground of alternative remedy.
Order Date :- 28.10.2021 SS