PETITIONER: U.P.JAL NIGAM AND ANOTHER Vs. RESPONDENT: NARESHWAR SAHI MATHUR AND ANOTHERS DATE OF JUDGMENT06/10/1994 BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. VENKATACHALA N. (J) CITATION: 1995 SCC (1) 21 1994 SCALE (4)589 ACT: HEADNOTE: JUDGMENT:
ORDER
1. Leave granted.
2. The matter relates to promotion to the post of Chief
Engineer, Level 11 in U.R Jal Nigam. The U.R Public
Services Tribunal is specially constituted to consider the
service grievances of government servants of the U.P. State.
When government servants, Mr Om Narain Dwivedi and Mr S.C.
Atri, approached the High Court of Allahabad at Allahabad
Bench for redressal of their service grievances, two
different Benches of the High Court by orders dated 23-3-
1993 and 15-4-1993 directed to avail themselves of the
statutory alternative remedy available from the Tribunal and
in case they were unsuccessful in getting the relief, to
approach the High Court. The respondent, who was also a
government servant filed the writ petition in the High Court
of Allahabad at Lucknow Bench seeking relief as regards his
service grievance and the High Court entertained the writ
petition and directed the parties to complete their
pleadings. The appellant filed an application to dismiss
the writ petition and direct the respondent to avail himself
of the statutory remedy. The Division Bench, by the
impugned order dated 19-1-1994, held that since the
pleadings were complete, it was not necessary to relegate
the parties to the Tribunal to avail themselves of the
statutory remedy and that, therefore, dismissed the
application. Thus, this appeal by special leave.
3. It is contended for the respondents by Mr Pramod
Swarup, learned counsel for the respondents that since the
pleadings were complete, direction was given by the learned
Chief Justice for early disposal and hence this is not a
case warranting interference under Article 136. We find no
force in the contention.
4. When a statutory Tribunal was constituted specially to
look into the grievances of government servants, it is
statutory obligation on the part of such government
servants, first to avail themselves of the statutory remedy.
In case, they are aggrieved against the order passed by the
Tribunal, the remedy under Article 226 is always available
to them. Under these circumstances, when the two Division
Benches had rightly declined to
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entertain the writ petitions and directed the parties to
avail themselves of the statutory remedy, another Division
Bench was wholly unjustified in entertaining the writ
petition under the impugned order and directing its early
disposal.
5. The appeal is accordingly allowed. The High Court is
requested to transmit the papers to the Tribunal. It is
open to the respondents to avail themselves of the statutory
remedy before the Tribunal. No costs.
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