Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15007 of 2025 Court No. - 34
HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Prabhakar Awasthi, learned counsel for the writ petitioner as well as Sri Manish Kumar Niranjan for the Union of India and Sri Jagdish Pathak for the respondent nos. 2 and 3.
2. The present writ petition has been preferred seeking following reliefs.-
"i. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to forthwith issue offer letter in favour of petitioner so that he may join as Account Officer in the respondent organization. ii. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to pay salary to the petitioner in lieu of discharge of duties month by month as and when same falls due strictly in accordance with law."
3. A preliminary objection has been raised by Sri Jagdish Pathak on the ground that the present writ petition may not maintainable for the simple reason that the writ petitioner has an alternate and efficacious remedy for approaching the Central Administrative Tribunal while filing an Original Application under Section 19 of Administrative Tribunal Act, 1985. He seeks to rely upon the decision of the Hon'ble Apex Court in L. Chandra Kumar Vs. Union of India : AIR 1997 Supreme Court
1125.
4. Sri Prabhakar Awasthi, learned counsel for the writ petitioner could not dispute the said legal position, however, according to him a direction be issued to the Tribunal to decide the original application which would be preferred by the writ petitioner with most expedition. Versus Counsel for Petitioner(s) : Muhammad Azam, Prabhakar Awasthi Counsel for Respondent(s) : A.S.G.I., Jagdish Pathak, Manish Kumar Niranjan Akhilesh Singh .....Petitioner(s) Union Of India And 2 Others .....Respondent(s)
5. Accordingly, interference is declined, the present writ petition stands disposed of leaving it open petitioner to take recourse to the provisions contained under Section 19 of the Administrative Tribunal Act, 1985 while preferring an Original Application before the Tribunal. October 14, 2025 N.S.Rathour WRIA No. 15007 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad