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Bombay High CourtWP/1549/2013disposed offdismissed for default

Ramchandra Ratan Ghadge v. The Union Of India And Others

2018-01-15Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Shri Justice Sunil K. Kotwal2 pages

(1) WP No.1549/2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

WRIT PETITION NO. 1549 OF 2013 Ramchandra Ratan Ghadge Petitioner.

Versus

The Union of India & others Respondents.

*** Mr. N.D. Sonawane, Advocate for the petitioner. Mr. D.G. Nagode, Standing Counsel for Union of India. *** CORAM : T.V. NALAWADE & SUNIL K. KOTWAL,JJ.

Dated : 15.01.2018.

ORAL ORDER :- 1.

The petition is filed to challenge the order of appointment of respondent No.3 on the honorary post of the Postmaster at Hatnoor. Heard learned counsel for the petitioner. 2.

The petitioner was asked to satisfy this Court about tenability of the present proceeding. The petitioner took this Court through the definition of service matters given in Section 3 of the Administrative Tribunals Act, 1985, Central

(2) WP No.1549/2013 Administrative Tribunal (Procedure) Rules, 1987 and also the provisions of Section 14 of the Act of 1985. The questions raised are about the procedure which was following for giving appointment to respondent No.3 and also about her eligibility conditions.

3.

This Court holds that in view of the aforesaid provisions, the jurisdiction is with Central Administrative Tribunal and this Court is not expected to entertain such matter. 4.

Learned Counsel for the petitioner placed reliance on some observations made by the Apex Court in the case reported as 2009 (5) SCC 65 (State of Bihar Vs. Upendra Narayan Singh and others). The facts of the reported case were altogether different. This Court holds that the matter cannot be considered by this Court. It is open to the present petitioner to approach the proper forum by filing appropriate proceeding. 5.

The petition is dismissed for want of jurisdiction. ( SUNIL K. KOTWAL) ( T.V. NALAWADE) JUDGE JUDGE vdd/