Smt. Mary Johnson v. The Union Of India

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.33230 OF 2018 Dated:18.09.2018 Between:

Smt. Mary Johnson, W/o. Late Micheal Johnson, age 69 years, House wife, R/o.H.No.1-2-296/2, Domalguda, Hyderabad .. Petitioner And The Union of India, rep., by its Secretary, Ministry of Railways, New Delhi and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.33230 OF 2018 ORDER:

Heard.

2.

Petitioner seeks for release of family pension of her husband, who retired from service on 14.11.1987 in Indian Railways. 3.

A reading of the prayer itself would show that petitioner is seeking family pension of her husband, who retired from service in Indian Railways. If that being so, petitioner has to avail the remedy before the Central Administrative Tribunal (CAT) constituted under the Administrative Tribunals Act, 1985 (for short, 'the Act'). As held by the Supreme Court in L. Chandra Kumar v. Union of India1, the CAT is the Court of first instance to adjudicate service disputes and an aggrieved employee cannot directly invoke the jurisdiction of this Court.

4.

The Writ Petition is accordingly dismissed granting liberty to the petitioner to avail appropriate remedy available under the Act. There shall be no order as to costs. Pending Miscellaneous Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:18.09.2018 KH 1 AIR 1997 SC 1125