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Patna High CourtCWJC/15918/2021dismissed

Hony. Capt. Ram Kumar Singh v. The Union Of India

2021-12-06Mr. Justice P. B. Bajanthri3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15918 of 2021 ====================================================== Hony. Capt. Ram Kumar Singh S/o Late Ashewar Singh A/p posted as Manager, Youth Hostel, Patna, R/o Sainik Puri Colony, Ghordaur Road, Opp. Patliputra Station, P.S. Rupaspur, Distt- Patna. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Youth Affairs and Sports, Department of Youth Affairs, Shastri Bhawan, New Delhi. 2.

The Secretary, Ministry of Youth Affairs and Sports, Department of Youth Affairs, Shastri Bhawan, New Delhi.

3.

The Under Secretary, Ministry of Youth Affairs and Sports, Department of Youth Affairs, Shastri Bhawan, New Delhi.

4.

The State of Bihar through the Principal Secretary Cum Chairperson of Hostel Management Committee of Youth Hostel Patna, Department of Art, Culture and Youth Government of Bihar, Room No. 327, 3rd Floor, Vikas Bhavan, New Secretariat, Bailey Road, Patna- 800015. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Prakash Verma, Advocate For the State :

Mr.Awanish Nandan Sinha (GP21) For the UOI :

Mr. Ravinder Kumar Sharma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 06-12-2021 Heard learned counsels for respective parties. In the instant petition, petitioner has prayed for following reliefs:- "For issuance of an appropriate writ/writs, order/orders, and direction/directions, in the nature of mandamus for commanding and directing to the respondent authorities to consider the case of the petitioner for

Patna High Court CWJC No.15918 of 2021 dt.06-12-2021 2/3 extension of his service contract for further one year with retrospective effect i.e. w.e.f. 15.06.2021 considering the guideline of the Ministry of Youth Affairs and Sports, issued under the signature of Under Secretary to the Government, Department of Youth Affairs, Youth Hostel Section, Shastri Bhawan, New Delhi dated 19th January, 2018 and provide him dues honorarium for the working period w.e.f. 15.06.2021 till date continuously month to month and for the other necessary relief/reliefs for which the petitioner is entitled to in accordance with law."

Petitioner is stated to have been appointed as a Manager of Youth Hostel, Patna in the Department of Youth Affairs which is part and parcel of Ministry of Youth Affairs and Sports, Govt. of India. Since petitioner is working in the Department of Youth Affairs which is part and parcel of Central Government he has statutory remedy before the Central Administrative Tribunal. In the light of Hon'ble Apex Court decision in the case of L. Chandra Kumar vs. Union of India and Others reported in (1997) 3 SCC 261 the first remedy is before the Central Administrative Tribunal, therefore, the present petition filed by the petitioner is not maintainable under Article 226 of the Constitution of India.

Patna High Court CWJC No.15918 of 2021 dt.06-12-2021 3/3 Accordingly, writ petition stands dismissed reserving liberty to the petitioner to approach appropriate forum in accordance with law.

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