Lanke Vijaya Kumar, v. Union Of India,

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.No.12520 of 2015 O R D E R:

The petitioner herein, who is presently working as a Loco Pilot (Goods) Grade-II attached to the East Coast Railways at Visakhapatnam, calls in question the orders passed by the Divisional Railway Manager, Waltair, on 20-03-2015 dealing with his request for posting him as Chief Loco Inspector on promotion at places other than Bacheli and Jagdalpur, pointing out that the same is not feasible for compliance.

The petitioner is a servant of the Ministry of Railways. The Managers of the Human Resources are the best-suited to make an appropriate assessment as to whether the services of the petitioner can be put to effective use or not. If the petitioner's request for being posted at a particular place is not acceded to, he must take recourse to a known mechanism for redressal of his grievance. If he has already approached the Central Administrative Tribunal and the said Tribunal has directed the respondents to take into consideration his representation, and if the representation of the petitioner is not considered by the Divisional Railway Manager, there is nothing that this Court can do, at the first instance. In fact, the principle enunciated by the Supreme Court in L.CHANDRA KUMAR v. UNION OF INDIA, is very clear that all service disputes of the Central Government employees must be first got resolved by approaching the Central Administrative Tribunal and only if a judicial review exercise is called for thereafter, a Division Bench can deal with the same.

Therefore, preserving the liberty to the petitioner to pursue such remedies as are available to him under law, the writ petition stands dismissed at the admission stage, after hearing the learned Standing Counsel for Railways Sri P. Bhasker. No costs.

Consequently, the miscellaneous petitions, if any, stand dismissed. __________________________ NOOTY RAMAMOHANA RAO, J.

mrk 27.04.2015.