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High Court of DelhiW.P.(C)/5302/2017

Cook, Shiv Sharan Pal v. Army Headquarters & ORS.

2017-07-04Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5302/2017, CM No. 22455/2017 COOK, SHIV SHARAN PAL ..... Petitioner Through:

None.

versus ARMY HEADQUARTERS & ORS.

..... Respondent Through:

Mr. Ripu Daman Bhardwaj, CGSC with Mr. T.P. Singh & Mr. Sahaj Garg, Adv.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 04.07.2017 On June 14, 2017 the following order was passed. "Prima facie, the present writ petition would not be maintainable in view of the fact that Section 14 of the Administrative Tribunals Act, 1985 extends the jurisdiction of the Tribunal of service matter relating to the Civillian in defence services. However, Mr. Kanika Agnihotri, learned counsel for the petitioner prays for and is granted some time to examine this aspect of the matter.

Renotify on 04th July, 2017."

Despite, the matter was passed over twice, there is no appearance for the petitioner.

There is no dispute that the petition has been filed with regard to recruitment to the post of Cook at the Army Headquarters, Provost Unit, Pratap Chowk, Delhi Cantt. The nomenclature itself suggest that the post in question is a civilian post. This Court is of the view, the remedy for the petitioner lies before the Central Administrative Tribunal. The petition and connected application are dismissed with liberty to the petitioner to approach the Central Administrative Tribunal. V. KAMESWAR RAO, J JULY 04, 2017/ak