Manoj Ram v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6993 of 2021 ====================================================== Manoj Ram Son of Punni Ram Resident of Mohalla Chhota Telpa Gadg, P.S. Chapra Muffasil P.O. Chapra, Town Chapra, District-Saran. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Department of Communication, Government of India.

2.

The Secretary, Department of Communication, Government of India, New Delhi.

3.

The Chief Postmaster General, Bihar Circle, Patna 4.

The Postmaster General, Northern Region, Muzaffarpur. 5.

The Senior Superintendent of Post Offices, Saran Division, Chapra, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nagendra Rai For the Respondent/s :

Dr. K. N. Singh, ASG :

Radhika Raman, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 09-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accepts notice for respondents.

3. In the instant petition, petitioner has prayed for the following relief/reliefs:

"(i) Commanding the respondents to regularize the services of the petitioner as sweeper in P & T Dispensary, Chapra.

(ii) Commanding the respondents to pay all consequential monetary benefits / salary etc. as applicable to the sweeper of such dispensary (which is a sanctioned post) and

Patna High Court CWJC No.6993 of 2021 dt.09-02-2022 2/2 (iii) Grant such other relief deemed fit and proper."

4. Petitioner's grievance is against one of the post in the Postal Department, Government of India. If a person has any grievance in respect of post in a Department of Government of India, such person has to invoke Section 19 of the Administrative Tribunal Act, 1985 and in terms of L. Chandra Kumar vs. Union of India and Others reported in (1997) 3 SCC 261 read with the case of S.P. Sampath Kumar vs. Union of India reported in (1987) 1 SCC 124.

5. Accordingly, the present petition is not maintainable under Article 226 of the Constitution, hence, writ petition stands disposed off reserving liberty to the petitioner to invoke remedy before appropriate forum.

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