Govind Narain Pandey @ Govind Narain Himanshu v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15388 of 2012 ======================================================

1. Govind Narain Pandey @ Govind Narain Himanshu S/O Sriman Narain Pandey R/O Village:- Mahmada, P.S.:- Gaurichak, P.O.:- Jaitia, Distt.;- Patna .... .... Petitioner/s

Versus

1. The Union Of India, Through Secretary, Department Of Railway, Rail Bhawan, New Delhi

2. The State Of Bihar

3. The Chief Engineer (Construction), East Central Railway, Hajipur, Vaishali

4. Deputy Chief Engineer (Construction) Mahendru Ghat, Patna

5. General Manager, East Central Railway, Hajipur, Vaishali

6. Chief Administrative Officer, East Central Railway, Mahendru Ghat, Patna

7. District Magistrate, Patna

8. Director, Land Acquisition, Bihar, Patna

9. District Land Acquisition Officer, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vishal Saurabh For the Respondent/s : Mr. Devendra Kr Sinha Aag2 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 05-01-2016 Heard the Counsel for the petitioner and Mr. Anil Kumar Singh for the respondent Railways.

In substance, the petitioner prays for a direction to consider his claim for appointment/employment in the Railways pursuant to acquisition of the land for the Railways rendering the family landless.

Mr. Anil Singh relying on 2014(3) PLJR 724 has raised an objection about the maintainability of the writ petition. It is submitted that any such grievance concerning

Patna High Court CWJC No.15388 of 2012 (3) dt.05-01-2016 2/2 appointment/employment ought to have been raised before the Central Administrative Tribunal (for short 'the Tribunal'). Having appreciated the objection and after going through the law laid down by this Court in the case of 2014(3) PLJR 724, Counsel for the petitioner sought permission of the Court to withdraw the writ petition enabling him to approach the appropriate/competent authority/body for redressal of his grievance in accordance with law.

The application is disposed of granting the petitioner the said liberty. Needless to observe that if any such original application is filed within four weeks before the Tribunal and the petitioner seeks condonation of delay, the Tribunal shall examine the same considering the fact that the petitioner had been pursuing his remedy before this Court.

(Kishore Kumar Mandal, J) Pankaj/- U