Hanmant Nivrutti Karade v. Union Of India Throu. Postmaster Gen. Mah Circle. And ORS

902-WP-13327-2024 Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13327 OF 2024 Hanmant Nivrutti Karade .. Petitioner

Versus

Union of India & Ors.

.. Respondents Mr. Varun Garge a/w D. M. Shukl for petitioner. Digitally signed by PRAVIN DASHARATH PANDIT Date:

2024.10.04 17:24:42 +0530 PRAVIN DASHARATH PANDIT CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & M. M. SATHAYE, J.

DATE:

4th OCTOBER, 2024 P.C.:

1.

Heard Mr. Varun Garge, learned counsel representing the petitioner.

2.

Under challenge in this petition filed under Article 226 of the Constitution of India is an order dated 30th/31st October, 2023 passed by the Superintendent of Post Offices, Karad Division, Karad, whereby it has been observed by the said authority that consequential benefits are not available to the petitioner for the reason that in the order passed by this Court dated 7th June, 2022, there is no mention about consequential benefits.

3.

The petitioner is an employee of the Department of Posts and, accordingly, in view of the law laid down by the Hon'ble Supreme Court in the case of L. Chandra Kumar vs. Union of India & Ors., reported in (1995) 1 SCC 400, he has to

902-WP-13327-2024 invoke the jurisdiction of the Central Administrative Tribunal for redressal of any of his grievances instead of approaching this Court by filing a writ petition under Article 226 of the Constitution of India.

4.

At this juncture, learned counsel for the petitioner states that since the impugned order makes a mention about order passed by this Court, as such, the petition may be entertained.

5.

We are not in agreement with the submission made by the learned counsel for the petitioner for the reason that so far reasons are given in the impugned order dated 30th/31st October, 2023 can be very-well examined by the Tribunal in case its jurisdiction is invoked under the relevant provisions of the Administrative Tribunals Act, 1985.

6.

In view of the aforesaid, we are not inclined to entertain this writ petition, which is accordingly dismissed with the liberty to the petitioner to approach the Central Administrative Tribunal by invoking its jurisdiction under the relevant provisions of the Administrative Tribunals Act, 1985. In case the petitioner approaches the Tribunal, the proceeding thereof may be expedited and concluded with expedition. 7.

There will be no order as to costs.

(M. M. SATHAYE, J.) (CHIEF JUSTICE)