Sandhya Kumari v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 13972 of 2011 ====================================================== Sandhya Kumari D/O Late Hare Krishna Singh R/O Vill. and P.O. Bhatgai Vai Taraiya, P.S. Taraiya, Distt. Chapra ( Saran ) .... .... Petitioner

Versus

1. The Union of India through Secretary H.R.D. Deptt. Govt. of India, New Delhi

2. The Commissioner, Kendriya Vidyalaya Sangathan, New Delhi

3. The Deputy Commissioner ( Administration ), Kendriya Vidyalaya Sangathan, New Delhi

4. The Assistant Commissioner, Kendriya Vidyalaya Sangathan, Patna Region, Patna

5. The Education Officer, Kendriya Vidyalya, Sangathan, Patna

6. The Principal, Kendraiya Vidyalya, H F C, Barauni, Distt. Begusarai ( Bihar ) .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Shailesh Kumar For the Respondent/s : Mr. Kumar Ravish ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

10-03-2016 At the very outset, learned counsel appearing on behalf of respondent no. 2 to 6 raises preliminary objection on the point of maintainability of the writ petition. By way of referring to counter affidavit, it was submitted that the respondent, against whom the petitioner is seeking relief, has been notified under Section 14(2) of the Administrative Tribunal Act, 1985 and as such, the present writ petition is not maintainable. After noticing the objection, learned counsel for the petitioner makes a prayer for disposal of the writ petition so that the petitioner may avail appropriate remedy under the

Patna High Court CWJC No.13972 of 2011 (4) dt.10-03-2016 2/2 Administrative Tribunal Act, 1985.

The writ petition stands disposed of with a declaration that the period consumed in pursuing the writ petition i.e. from 24-08-2011 till date shall be excluded while considering the limitation matter.

(Rakesh Kumar, J.) Anay U