Court No. - 18 Case :- WRIT - A No. - 3954 of 2010 Petitioner :- Prakash Chand Respondent :- Union Of India & Others
Petitioner Counsel :- P.K. Dubey,Dharampal Singh,S. Niranjan
Respondent Counsel :- A.S.G.I.
Hon’ble Sudhir Agarwal, J.
The writ petition pertains to service matter of Kendriya
Vidyalaya Sangathan which has been notified under the
Administrative Tribunal Act, 1985. In view of the law laid
down by the Apex Court in L. Chandra Kumar Vs. Union
of Inida, AIR 1997 SC 1125 as also in Kendriya
Vidyalaya Sangathan and another Vs. Subhash Sharma,
AIR 2002 SC 1295 followed by a Single Judge decision of
this Court in Bhaskar Mishra Vs. Union of India and
another, 2009 (4) ESC 2355 the writ petition is not
maintainable at the first instance since the petitioner has
a remedy to approach the Central Administrative Tribunal
under Section 19 of the Act. It is accordingly dismissed.
Dt/28.01.2010
AK3954/10