Atul Kumar Srivastava v. Union of India & Ors.
Case brief
What is this about?
The petitioner challenged an appointment to the post of Scientist 'C'. The High Court held that service matters fall within the exclusive jurisdiction of the Central Administrative Tribunal under Section 14 of the Administrative Tribunals Act. The petition was transferred to the Tribunal.
What did the court decide?
Transfer of the writ petition to the Central Administrative Tribunal for appropriate orders and further proceedings.
What the court decided
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
- W.P.(C) 12021/2022 & CM APPL. 54990/2022 ATUL KUMAR SRIVASTAVA .....Petitioner Through: Mr. Shiv Kumar Tripathi, Mr. Sanjay Kumar and Mr. S.B. Shukla, Advocates.
versus
UNION OF INDIA & ORS. .....Respondents Through: Mr. Vikrant N Goyal, Mr. Satpal Gupta, Mr. Jitendra Tripathi and Mr. Rajat Srivastava, Advocates for R1 and R2.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 06.08.2024
- This petition has been preferred on behalf of the Petitioner seeking the following reliefs:
“(a) That this Hon'ble Court may be pleased to pass the following Orders/Directions/Writs in the nature of mandamus and certiorari quashing the illegal appointment of Mr. Rohit Chauhan to the said post of Scientist 'C’ and to direct the appointment of the petitioner on absorption basis to the above said post Scientist "C".
- (b) and to pass further order· Writs/Directions as deems fit necessary in the facts and circumstances of the case.”
Issues for consideration
1 issue framed by the court
Whether the High Court has jurisdiction to entertain a service matter dispute that falls within the exclusive domain of the Central Administrative Tribunal?
Parties & counsel
- petitioner
Atul Kumar Srivastava
- respondent
Union of India
Coram
Jyoti Singh
Case details
As recorded by the court registry
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