Petitioner, a retired Technical Assistant of FCI, sought writ relief for arrears of salary following premature retirement. The single-judge bench held that alternative remedy existed via a pending civil suit for recovery and dismissed the petition.
None. Petitioner directed to file counterclaim in the pending civil suit.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
C.W.P. No. 9658 of 2009
DATE OF DECISION : 06.07.2009
S.P. Garg
.... PETITIONER
Versus
Food Corporation of India and others
..... RESPONDENTS
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
Present: Mr. Kamal Gupta, Advocate, for Mr. B.R. Gupta, Advocate, for the petitioner.
SATISH KUMAR MITTAL , J. ( Oral )
The petitioner was working as Technical Assistant Grade I in the Food Corporation of India. On 14.2.2006, he was pre-maturely retired from service under Regulation 22 (2) of FCI (Staff) Regulations, 1971. Undisputedly, after the retirement of the petitioner, the respondent Corporation has filed a civil suit on 12.2.2009 for recovery of Rs. 6,36,237/and now, the petitioner has filed this petition for issuing direction to the respondents to release the arrears of his salary, which according to him he was entitled to receive in accordance with the Rules.
In view of the aforesaid facts, after hearing counsel for the petitioner, I am of the opinion that the petitioner can file a counter claim in the said civil suit regarding the relief claimed in this petition. In view of the
CWP No. 9658 of 2009
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availability of this alternative remedy, I do not find any ground to interfere in this petition in the writ jurisdiction of this Court.
Dismissed.
However, it will be open for the petitioner to avail the aforesaid
alternative remedy, in accordance with law.
July 06, 2009 ndj
( SATISH KUMAR MITTAL ) JUDGE
1 issue framed by the court
Whether the writ court should interfere in a petition seeking release of arrears of salary when a civil suit for recovery is pending against the petitioner.
1 provisions across 1 enactments
S.P. Garg
Food Corporation of India
Satish Kumar Mittal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
