Daulti Devi @ Daultikuer v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 17690 of 2016 =========================================================== Daulti Devi @ Daultikuer S/o Late Narayan, R/o Village-Chater Tola, Adhar Bigha, P.O.-Malwa P.S.- Khudwa, District-Aurangabad (Bihar). .... .... Petitioner/s

Versus

1. The Union of India through the General Manager, E.C.R. Hajipur, Patna.

2. The Divisional Manager, Eastern Central Railway, Mugalsarai.

3. The Senior Personal Officer, E.C.R. Railway, Mugalsarai.

4. Divisional Railway Manager, Eastern Central Railway, Chandauli, Uttar Pradesh.

5. The Branch Manager, Punjab National Bank, Fesar, Aurangabad (Bihar). .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Lal Bahadur Singh, Advocate For the U.O.I.

:

Mr. Ramadhar Shekhar, Advocate For the PNB :

Mr. Kumar Priya Ranjan and Mr. Niraj Kumar, Advocates =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 01-08-2018 Heard learned counsel for the petitioner; Railways and Punjab National Bank (hereinafter referred to as the 'Bank').

2. The petitioner has moved the Court for the following reliefs:

"That is an application for issuance of the appropriate writ/writs, order/oders, direction /directions to the respondent's authorities to pay the family pension to the petitioner and arrear of amount which is lying in the Punjab National BankRespondent no. 5 form July 2012 with interest to the petitioner from the date of stoppage of family pension to the petitioner and cost for non-compliance of order passed by the learned Tribunal and any others benefit/benefits applicable to this petitioner in accordance with law."

Patna High Court CWJC No.17690 of 2016 dt.01-08-2018 2/2

3. At the very outset, learned counsel for the Bank submitted that the writ petition, for the present is not maintainable before this Bench as the same being covered under The Administrative Tribunals Act, 1985, the matter has to be raised before the concerned Bench of the Central Administrative Tribunal.

4. Faced with the situation, learned counsel for the petitioner submitted that the writ petition be disposed off with liberty to move before the appropriate forum, in accordance with law.

5. Having regard to the aforesaid, the writ petition stands disposed off with liberty aforesaid.

6. As the petitioner has been pursuing the matter in the High Court, if he approaches the Central Administrative Tribunal within four weeks from today, the matter shall be heard on merits. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U