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2026 DAILYLAW 3175 (UTT)

KANCHAN SINGH v. UNION OF INDIA

WPSS/684/2025 · 2026-04-21

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:2918 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/684/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Yogesh Kumar Pacholia, Advocate for the petitioner. Mr. Manoj Kumar, Advocate for Union of India. Mr. Kaushal Gautam, Advocate for respondent Nos. 2 to 4 (AIIMS) through video conference. 2. Petitioner’s father was employed as ‘Masalchi Bearer’ in All India Institute of Medical Science (AIIMS) at Delhi, who died while in harness on 23.09.2017. Petitioner made application seeking compassionate appointment which, however, was rejected by the competent authority vide order dated 03.07.2024. 3. Feeling aggrieved by rejection of his claim, petitioner has approached this Court challenging the rejection order. 4. This Court finds substance in the submission made by learned counsel appearing for respondent Nos. 2 to 4 that writ petition would not be maintainable, in view of the statutory remedy available to petitioner under Administrative Tribunals Act, 1985. It is pointed out by the learned counsel that All India Institute of Medical Science (AIIMS) is notified under the said Act. 2026:UHC:2918 5. Learned counsel for the petitioner does not disputes the contention raised on behalf of the respondents. He submits that records of this writ petition be transferred to Central Administrative Tribunal, Principal Bench, New Delhi, which holds regular sitting at Nainital. 6. Learned counsel appearing for the respondents submits that he has no objection to such prayer made by learned counsel for the petitioner. 7. Having regard to the peculiar facts of the case, this Court thinks that prayer made by petitioner’s counsel deserves to be accepted. 8. Accordingly, the records of the writ petition are hereby transferred to Central Administrative Tribunal. 9. Registry shall do the needful after obtaining photocopy of the pleadings for record. Learned Tribunal is requested to decide the writ petition by treating it as original application. (Manoj Kumar Tiwari, J.) 21.04.2026 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a 18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1 BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2026.04.21 18:00:20 +05'30' 2026:UHC:2918