Mithilesh Kumar Sinha v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21664 of 2019 ====================================================== Mithilesh Kumar Sinha S/o Late Tarkeshwar Prasad Resident of VillageSuhia, P.s.- Shahpur, District- Bhojpur ... ... Petitioner

Versus

The Union of India through General Manager, Ministry of Railway, Rail Bhawan, New Delhi ... ... Respondent ====================================================== Appearance :

For the Petitioner :

Mr.Om Prakash Maharaj For the Respondent :

Mr.Ramadhar Shekhar (Addl. S.C. Railway) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-11-2019 The petitioner claims that he attained the age of superannuation and retired on 31.01.2019 as Senior Transport Manager (Commercial), Metro Railway, Kolkata. He has filed this writ application, seeking direction for payment of his post retiral dues.

Learned counsel appearing on behalf of the petitioner has submitted that the Metro Railway, Kolkata, is under Indian Railway and the post, which the petitioner held, was under the Indian Railway.

If, according to the petitioner, he was holding any post under the Indian Railway, Central Administrative Tribunal would have been the appropriate forum, where he could have approached. I am not going into the question, for the present, in the present writ application, as to whether Metro Railway,

Patna High Court CWJC No.21664 of 2019(2) dt.25-11-2019 2/2 Kolkata, is a part of Indian Railway and petitioner held a civil post under the Indian Railway to establish his claim. The said question can be gone into by the competent authority/Tribunal in appropriate proceeding in accordance with law. This writ application stands disposed of with the aforesaid observation. The petitioner shall have liberty to approach appropriate forum in accordance with law. (Chakradhari Sharan Singh, J) Pawan/- U