Ruchi Verma Vs Union Of India and Others

¶1

WPSS No. 2697 of 2017 Hon’ble Manoj K. Tiwari, J.

¶2

Mr. Pankaj Miglani, Advocate for the petitioner.

¶3

None present for respondent no. 1.

¶4

Mr. Narendra Bali, Advocate, holding brief of Mr. S.S. Chauhan, Advocate for the respondent nos. 2 to 4.

¶5

Heard learned counsel for the parties. Petitioner’s father was a regular employee of Indian Railways, who died on 06.05.2015, while still in service. Petitioner applied for compassionate appointment, however, her claim has been rejected by the Competent Authority vide order dated 23.11.2016. Thus, feeling aggrieved, petitioner has approached this Court by filing writ petition under Article 226 of the Constitution of India.

¶6

Learned counsel for the respondent nos. 2 to 4 submits that Indian Railways is notified under Administrative Tribunals Act, 1985, therefore, all matters filed by employees of Indian Railways, including the dependents for compassionate appointment, are cognizable by Central Administrative Tribunal constituted under Administrative Tribunals Act, 1985.

¶7

Learned counsel for the petitioner could not demonstrate that Indian Railways is not notified under Administrative Tribunals Act, 1985.

¶8

In such view of the matter, writ petition is dismissed on the ground of alternative remedy with liberty to the petitioner to approach learned Tribunal constituted under Administrative Tribunals Act, 1985.

¶9

Since, this writ petition was filed in September, 2017, therefore, time spent by the petitioner in pursuing her remedy before this Court shall be taken into account by learned Tribunal while considering petitioner’s application seeking condonation of delay.

¶10

(Manoj K. Tiwari, J.) NEHA 06.05.2019

Ruchi Verma v. Union Of India and Others

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Ruchi Verma v. Union Of India and Others

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