IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.9588/2006. Ramkesh Meena & Ors. Vs. Chairman Railway Board & Ors. Date of order : May 12, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri U.K. Sharma for the petitioners. Shri S.S. Hasan for the respondents. **** BY THE COURT :-
This writ petition has been filed by the petitioners against the Railwahy Board with a prayer to grant them appointment.
2) I am afraid, this petition is not mainainable before this Court in view of the judgment of the Apex Court in L.Chandra Kumar Vs. Union of India & Ors. : AIR 1997 SC 1125 wherein, Hon’ble Apex Court has observed that the writ petition is not maintainable directly before the High Court. Jurisdiction of High Court vested in it under Articles 226 & 227 of the Constitution of India can only be invoked only by way of filing writ petition before the Division Bench only after rejection of the Original Application by the Central Administrative Tribunal and not otherwise.
3) Petitioners should first approach the Central Administrative Tribunal within a period of 45 days making an application for condonation of delay giving all these reasons so as to take advantage of Section 5 as well as Section 14 of the Limitation Act, 1963 read with Section 21 of the Administrative Tribunals Act, 1985.
4) In view of the observations made above, the writ petition is dismissed being not maintainable.
(MOHAMMAD RAFIQ), J.
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