ASHOK KUMAR MISHRA v. UNION OF INDIA THRU. MINISTRY OF RAILWAY THRU. SECY. RAIL BHAWAN NEW DELHI AND 3 OTHERS
/1352/2025 · 2025-01-31
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120442 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120442 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6874
Court No. - 6 Case :- WRIT - A No. - 1352 of 2025 Petitioner :- Ashok Kumar Mishra Respondent :- Union Of India Thru. Ministry Of Railway Thru. Secy. Rail Bhawan New Delhi And 3 Others Counsel for Petitioner :- Ambrish Kumar Dwivedi,Abhishek Dwivedi,Harshita Dwivedi,Prakhar Pratap Singh Counsel for Respondent :- A.S.G.I. Hon'ble Alok Mathur,J.
1. Heard Sri Ambrish Kumar Dwivedi, learned counsel for the petitioner and Sri S. B. Pandey, Deputy Solicitor General of India assisted by Sri Varun Pandey for the respondents.
2. It has been submitted that the petitioner was an employee of Indian Railways and superannuated from the post of Commercial Clerk on 31.3.2022. The grievance raised in the present writ petition is with regard to re-fixation of salary and recovery to be made from the post retiral dues of the petitioner.
3. Sri S. B. Pandey has raised a preliminary objection that the petitioner has an equally efficacious remedy before Central Administrative Tribunal (Tribunal in short) before whom the the grievance as raised in the present writ petition would be maintainable.
4. Learned counsel for the petitioner does not dispute the fact that the aforesaid Tribunal would have jurisdiction and prays for withdrawal of the writ petition with liberty to approach the Tribunal.
5. In light of the above, the petition is dismissed as withdrawn on the ground of alternate remedy and in case the claim is filed before the Tribunal, the same shall be disposed of with expedition. (Alok Mathur, J.) Order Date :- 31.1.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench