ANKIT SRIVASTAVA v. UOI THRU. THE GEN. MANAGER NORTHERN RAILWAY NEW DELHI AND 5 OTHERS
WRIA/9083/2025 · 2025-08-18
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157525 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157525 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47989 Court No. - 8 Case :- WRIT - A No. - 9083 of 2025 Petitioner :- Ankit Srivastava Respondent :- Uoi Thru. The Gen. Manager Northern Railway New Delhi And 5 Others Counsel for Petitioner :- Suneel Kumar Singh Kalhans,Samarth Srivastava,Shikha Srivastava Counsel for Respondent :- A.S.G.I. Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner and and Mr. S. B. Pandey, learned Deputy Solicitor General of India assisted by Mr. Devarshi Kumar, learned counsel for opposite parties 1 to 5. In view of order being passed, notices to opposite party no.6 stands dispensed with.
2. Present petition under Article 226 of Constitution of India has been filed challenging order dated 13.03.2025 whereby petitioner's application for compassionate appointment has been rejected.
3. Learned Counsel for answering opposite parties has raised a preliminary objection regarding maintainability of this petition since petitioner already has a statutory alternative and equally efficacious remedy before the Central Administrative Tribunal.
4. Although learned counsel for petitioner submits that alternative remedy is not an absolute bar for entertainability of writ petition but from the record it transpires that petitioner earlier as well had approached the Tribunal for his grievance. Even otherwise, since counter affidavit will be required, petitioner would be better advised to raise his grievances before the Tribunal.
5. In view of aforesaid, liberty is granted to petitioner to agitate his cause before the Central Administrative Tribunal. In case any such original Application is filed, the same may be considered and decided expeditiously.
6. With aforesaid direction, the petition stands finally
disposed of.
Order Date :- 18.8.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench