Ram Ashish Paswan v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6448 of 2018 =========================================================== Ram Ashish Paswan, S/o Late Faudi Paswan, Resident of Village- Singhaul, P.S.- Sarmera, District- Nalanda, State- Bihar.

.... .... Petitioner/s

Versus

1. The Union of India through the General Manager, East Central Railway, Samastipur.

2. The General Manager, East Central Railway, Samastipur.

3. The Senior Finance Manager, East Central Railway, Samastipur.

4. That Branch Manager, Central Bank of India, Branch- Shikarpur, P.O.- Narkatiyaganj, District- East Champaran, Pin Code- 845155.

5. The Manager, Central Bank of India, Cinema Road, Hazipur.

6. The Manager, Central Bank of India, Lal Bazar Street, Bettiah, District- West Champaran (Bihar).

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Vivek Anand Amritesh with Mr. Sudhanshu Trivedi, Advocates For the Railways :

Mr. Rajnandan Kumar, Advocate For the Central Bank of India :

Mr. Nilanjan Chatterjee, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 09-04-2018 Heard learned counsel for the petitioner; respondents no. 1 to 3 and respondents no. 4 to 6.

2. The basic issue in the writ petition is with regard to payment of pension to the petitioner who superannuated from service under the East Central Railway.

3.

Office has raised objection with regard to maintainability of the present writ petition, at the first instance before

Patna High Court CWJC No.6448 of 2018 dt.09-04-2018 2/2 the High Court in view of the matter being covered by the Administrative Tribunals Act, 1985.

4. Having heard learned counsel for the parties, the Court finds that basically the issue relates to the grievance raised by the petitioner with regard to payment of his pensionary benefits against the Railways which, as has rightly been pointed out by the office, has to be, at the first instance, taken before the Central Administrative Tribunal and the writ petition would not lie before the High Court.

5. Accordingly, the writ petition stands disposed off with liberty to the petitioner to take appropriate steps, in accordance with law, before the appropriate forum.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U