Calcutta High CourtWPA/13849/2017dismissed

Arijit Kumar Ray v. Union Of India & ORS

2022-03-02Hon'Ble Justice Saugata Bhattacharyya2 pages

02.03.2022 adeb WPA 13849 of 2017 (Via Video Conference) Arijit Kumar Ray Vs.

Union of India & Ors.

Mrs. Pampa Dey Dhabal Mr. Krishna Deo Das ..for the petitioner Mr. Sauvik Nandy ...for the SAIL/DSP The writ petition is taken up for hearing in presence of the learned advocates representing the petitioner and the respondents including Steel Authority of India Limited (SAIL).

At the threshold, Mr. Sauvik Nandy, learned advocate representing the SAIL has brought it to the notice of this Court one notification dated 31st March, 2010 issued by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) whereby it has been notified that provisions of Section 14 (3) of the Administrative Tribunal Act,1985 shall apply to SAIL.

Copy of the said notification dated 31st March, 2010 along with list of organisations is placed before this

Court which is taken on record wherefrom it appears that SAIL features in the said list.

In view of such notification dated 31st March, 2010, the present writ petition cannot be entertained and it is left open to the writ petitioner to approach Central Administrative Tribunal for redressal of grievance. It appears from record that the writ petition was moved at the motion stage before this Court on 20th July, 2017 when SAIL was represented by learned advocate and writ petition was admitted by giving direction for exchanging affidavits. On and from 20th July, 2017, the writ petition is pending before this Court. In view of these facts, if petitioner approaches Central Administrative Tribunal by filing original application within a fortnight from date, the delay caused in approaching the Tribunal shall be condoned by the Tribunal while entertaining such original application. With the aforesaid direction, the writ petition stands dismissed.

However, there shall be no order as to costs. Urgent photostat certified copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Saugata Bhattacharyya, J.)