RICHA GAUTAM v. U.O.I. THRU. SECY. MIN. OF JAL SHAKTI DEPTT. WATER RESOURCES RIVER DEV./GANGA REJUVENATION AND ORS.
WRIA/4073/2025 · 2025-04-18
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134245 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134245 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22016 Court No. - 3 Case :- WRIT - A No. - 4073 of 2025 Petitioner :- Richa Gautam Respondent :- U.O.I. Thru. Secy. Min. Of Jal Shakti Deptt. Water Resources River Dev./Ganga Rejuvenation And Ors. Counsel for Petitioner :- Deepanker Kumar,Imran Ullah Khan,Neel Kisan,Rashi Gupta Counsel for Respondent :- A.S.G.I. Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Deepanker Kumar, learned counsel for the petitioner and Sri S.B. Pandey, Deputy Solicitor General of India/ learned Senior Advocate, assisted by Sri Anand Dwivedi,
learned counsel for the opposite parties.
2. By means of this petition, the petitioner has prayed following main reliefs:-
"I. Issue a writ, order or direction in the nature of Mandamus under Article 226 of the Constitution of India, thereby directing the Respondent No. 2 to decide the representation and grant the promotion in accordance with seniority guidelines issued by Department of personnel and training. II. Issue a writ, order or direction in the nature of Mandamus under Article 226 of the Constitution of India, thereby directing the Respondent No. 2 to place the petitioner name in appropriate place in combined seniority list issued by department in legal and proper manner."
3. Sri S.B. Pandey has drawn attention of this Court towards Annexure No.2 of the writ petition, which is an order dated 21.12.2022 passed by the Central Administrative Tribunal, Lucknow in the case of the petitioner in respect of the same promotion and that Original Application No.611 of 2022 is still pending consideration, therefore, Sri Pandey has stated that if the petitioner is aggrieved from any inaction, she may approach the Central Administrative Tribunal or may file any appropriate application in the pending Original Application inasmuch as in view of the dictum of the Apex Court in rel L. Chandra Kumar Vs. Union of India, AIR 1997 SC 1125, the employee may not directly approach this Court under Article 226 of the Constitution of India.
4. Learned counsel for the petitioner has stated that the petitioner may be given liberty to approach the appropriate forum and direction may be issued to expedite the proceedings.
5. Therefore, without entering into merits of the issue, I hereby dispose of this writ petition finally giving liberty to the petitioner to approach the Central Administrative Tribunal, Lucknow by filing Original Application for redressal of her grievance or any appropriate application may be filed in the pending Original Application. If such steps are taken by the petitioner, her application/ Original Application may be
disposed of with expedition, strictly in accordance with law. [Rajesh Singh Chauhan,J.]
Order Date :- 18.4.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench