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High Court of Punjab and HaryanaCWP/18599/2021dismissed

Mahendra Pal v. Union Of India And Others

2022-09-02Mr. Justice Rajbir Sehrawat2 pages

CM-3012-CWP-2022 IN/AND CWP-18599-2021 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-3012-CWP-2022 IN/AND CWP-18599-2021 Date of Decision: 02.09.2022 Mahendra Pal ...... Petitioner

Versus

Union of India and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

None for the petitioner.

Mr. Mukesh Kumar, Advocate, for Mr. Barjesh Mittal, Advocate, for the respondents.

***** RAJBIR SEHRAWAT, J. (ORAL) This is a petition filed under Articles 226/227 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to release the arrears of pay and allowances to the petitioner for the period of termination, i.e. from 03.12.2018 till 31.12.2020; as also to release the arrears of pay and allowances to the petitioner for the period of suspension, i.e from 10.08.2018 till 08.11.2018. Learned counsel for the respondents has submitted that the issue involved in the present petition is within the jurisdiction of the Central Administrative Tribunal, Chandigarh Bench. Therefore, the petitioner is required to approach the Central Administrative Tribunal, Chandigarh Bench, in the first instance.

In view of the above, the present petition is dismissed with VIRENDRA SINGH ADHIKARI 2022.09.05 18:53 I attest to the accuracy and authenticity of this order/judgment

CM-3012-CWP-2022 IN/AND CWP-18599-2021 -2liberty to the petitioner to approach the Central Administrative Tribunal, Chandigarh Bench, for the same cause of action, but in accordance with law. However, it is clarified that if the petitioner approaches the Central Administrative Tribunal, Chandigarh Bench, within a period of six weeks from today, then any limitation in approaching the said Tribunal shall be deemed to have been condoned and the Tribunal shall proceed to decide the matter, on merits.

(RAJBIR SEHRAWAT) JUDGE 02.09.2022 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2022.09.05 18:53 I attest to the accuracy and authenticity of this order/judgment