Syed Mohsin v. The South Central Railway,

HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.3095 of 2016 DATED : 04.02.2016 Between:

Syed Mohsin S/o.Late Syed Ahmed, Aged about 60 yrs, Occu : Retd. Technician-I, Smithy Shop, South Central Railway, Ticket No.07500, R/o.H.No.17-1-375/D/1/A, Kalandar Nagar, Santoshnagar, Saidabad Post, Hyderabad-500 059 .. Petitioner AND The South Central Railway, Rep., by the General Manager, Rail Nilayam, Secunderabad & 2 others.

.. Respondents The Court made the following:

HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.3095 of 2016 ORDER:

The petitioner is an ex-employee of Indian Railways. The grievance of the petitioner in this writ petition is against the action on the part of the respondents in with holding the pension and pensionary benefits, and Service Certificate, Pension Payment Order and Medical Identity Card. Hence, this writ petition.

2. The relief sought in the writ petition is service matter grievance of the petitioner as an ex-employee of Indian Railways. The adjudication of grievances arising out of service matters of Indian Railways are vested in Central Administrative Tribunal, established under the Administrative Tribunals Act, 1985 and an aggrieved employee has to invoke the jurisdiction of Central Administrative Tribunal in the first instance before filing the writ petition under Article 226 of the Constitution of India. Therefore, the writ petition is not maintainable and is liable to be dismissed.

3. Accordingly, the writ petition is dismissed leaving it open to the petitioner to avail the remedy as available under the Administrative Tribunals Act, 1985. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand dismissed.

____________________ P.NAVEEN RAO, J

Date: 4th February, 2016 Rds