The Commissioner, Navodaya Vidyalaya Samiti and 3 Others vs Smt. Neeraj Suri and Another

This petition is directed against the order dated 17.04.2025 passed by Central Administrative Tribunal, Lucknow Bench, Lucknow, whereby the Original Application ('OA") filed by the respondent has been allowed and the order dated 01.08.2024 and order dated 02.08.2024, by which respondent was transferred from Lucknow to Patna and was relieved from Lucknow respectively, have been quashed.

¶11

At the outset, counsel for the petitioners was asked as to how the writ petition against an order passed by Central Administrative Tribunal, Lucknow Bench, Lucknow is maintainable before this Court at Allahabad, to which it was submitted that as the order dated 01.08.2024 was issued by Navodaya Vidyalaya Samiti having its headquarter office at Gautam Buddha Nagar, the writ petition has been filed at Allahabad. Submissions have been made that an objection was raised before the Tribunal at Lucknow regarding the territorial jurisdiction, however, the same was not dealt with.

¶12

We have heard the submissions made by counsel for the petitioner on the aspect of territorial jurisdiction in entertaining the writ petition against an order passed by Central Administrative Tribunal, Lucknow Bench, Lucknow at Allahabad.

¶13

It would be noticed that respondent no. 1 was serving as Stenographer, Navodaya Vidyalaya Samiti, Regional Office, Lucknow and though the order was passed by the headquarter of the Samiti at Gautam Buddha

¶14

WRIA No. 14002 of 2025

¶15

2

¶16

Nagar, the same was served on the respondent at Lucknow and the order relieving her dated 02.08.2024 was also issued by the Assistant Commissioner, Regional Office, Lucknow. The OA was filed before the Tribunal at Lucknow and when interim order was passed, the petitioner challenged the said order by filing Writ-A No. 9281 of 2024 before the Bench of this Court at Lucknow, which writ petition was disposed of on 22.10.2024.

¶17

Once the petitioners, on previous occasion against the interim order, had approached the Bench at Lucknow, in relation to the same litigation, apparently, there was no reason to approach this Court at Allahabad by filing the present writ petition against the final order. There is every likelihood that the respondent had filed caveat at Lucknow Bench and would even be unaware that petition has been filed at Allahabad.

¶18

Hon'ble Supreme Court in Union of India Vs. Alapan Bandyopadhyay : (2022) 3 SCC 133 has, inter alia , laid down, based on the judgment in L. Chandra Kumar vs. Union of India : (1997) 3 SCC 261, that the decision of Tribunals created under Article 323A and Article 323B of the Constitution will be subjected to the scrutiny before a Division Bench of High Court 'within whose jurisdiction, the concerned Tribunal falls'.

¶19

In view of the previous conduct of the petitioners in filing the writ petition arising out of the same litigation before the Bench at Lucknow and the law laid down by Hon'ble Supreme Court in the case of Alapan Bandyopadhyay (supra) , we do not find any good reason to entertain the present writ petition at Allahabad. The petition is, therefore, dismissed , leaving it open for the petitioners to question the validity of the order impugned before the appropriate forum/Bench.

¶20

(Kshitij Shailendra,J.) (Arun Bhansali,CJ.)

¶21

September 17, 2025 P.Sri./RK

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Digitally signed by :- PUNEET SRIVASTAVA High Court of Judicature at Allahabad

The Commissioner, Navodaya Vidyalaya Samiti and 3 Others v. Smt. Neeraj Suri and Another

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The Commissioner, Navodaya Vidyalaya Samiti and 3 Others v. Smt. Neeraj Suri and Another

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