Chand Kailash v. Union Of India & ORS

CWP No.19076 of 2014 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No.19076 of 2014 Date of decision:28.08.2017 Chand Kailash ... Petitioner Vs.

Union of India and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Dhiraj Chawla, Advocate for the petitioner.

Mr. Namit Kumar, Advocate for respondents No.1 to 3.

AJAY KUMAR MITTAL J. (ORAL) 1.

The petitioner has filed the present writ petition under Article 226 of the Constitution of India, challenging the order dated 05.03.2014 (Annexure P-4) passed by the Central Administrative Tribunal (hereinafter referred to "the Tribunal"), whereby, the respondents were directed to reconsider the matter regarding the inclusion of the category of the driver as feeder category for promotion to the post of the Postal Assistant/Sorting Assistant.

2.

However, it was stated by learned counsel for the petitioner that alongwith the written statement, the respondents have appended the letter/communication dated 24.09.2014 (Annexure R-1) which has been addressed to the Assistant Postmaster General (Staff), CPMG, Punjab Savita 2017.09.04 11:05 I attest to the accuracy and integrity of this document High Court Chandigarh

CWP No.19076 of 2014 {2} Circle, Chandigarh to say that the drivers were omitted as the feeder cadre of Postal Assistant/Sorting Assistants in the Recruitment Rules of 2011 after due deliberation and consideration in the department, with the approval of Ministry of Law & Justice, Legislative Department and not because of any oversight. Further, it was submitted that the said communication is required to be challenged by filing Original Application (OA) before the Tribunal. Accordingly, a prayer was made by learned counsel for the petitioner to withdraw the present writ petition with liberty to file OA before the Tribunal alongwith an application seeking condonation of delay, if any, under the Administrative Tribunals Act, 1985. 3.

Dismissed as withdrawn.

4.

However, it shall be open to the petitioner to take recourse to the remedies as may be available to him, in accordance with law. (AJAY KUMAR MITTAL) JUDGE (AMIT RAWAL) JUDGE August 28, 2017 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2017.09.04 11:05 I attest to the accuracy and integrity of this document High Court Chandigarh