SMT. SANDHYA GUPTA v. UNION OF INDIA THRU. SECY. MINISTRY OF EDU. GOVT. OF INDIA NEW DELHI AND 6 OTHERS
WRIA/8061/2025 · 2025-07-24
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153321 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153321 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42721 Court No. - 5 Case :- WRIT - A No. - 8061 of 2025 Petitioner :- Smt. Sandhya Gupta Respondent :- Union Of India Thru. Secy. Ministry Of Edu. Govt. Of India New Delhi And 6 Others Counsel for Petitioner :- Amrendra Nath Tripathi,Ashutosh Counsel for Respondent :- A.S.G.I.,Nishant Shukla Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner and Sri Nishant Shukla,
learned counsel appearing on behalf of the respondents no. 1 to 5 & 7. A preliminary objection has been taken by Sri Shukla, Advocate that the Navodaya Vidyalaya Samiti is notified under Section 14 of the Administrative Tribunal Act, 1985 before the Central Administrative Tribunal and keeping in view the Constitution Bench judgment in the case of L. Chandra Kumar Vs. Union of India and Ors- 1997 (3) SCC 261, the Court of first instance for Central Government employees is the Central Administrative Tribunal and as such, the instant writ petition is not maintainable. Responding learned counsel for the petitioner states that because the order impugned has been reviewed by the authority without any power to do so consequently, this Court would have jurisdiction to entertain and decide the same. The aforesaid argument is found to be patently fallacious and misconceived and is rejected. Once the Apex Court in the Constitution Bench judgment in the case of L. Chandra Kumar (supra) has been held that the Court of first instance for a central Government employee would be the Central Administrative Tribunal as such, the writ petition will not be maintainable in the High Court at the first instance. Accordingly, the writ petition is dismissed leaving it open to the petitioner to file a claim petition before the Central Administrative Tribunal.
Order Date :- 24.7.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench