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2012 DIGILAW 642 (HP)

Raj Kumar v. Secretary, Ministry of Defence, New Delhi

2012-09-27

DEEPAK GUPTA, RAJIV SHARMA

body2012
JUDGMENT Per Deepak Gupta, J. The petitioners, by means of these petitions, have prayed for the grant of following amongst other reliefs: “(i) That a writ in the nature of mandamus may be issued by directing the respondents No. 2 and 3 to allow the petitioner to join the present place of posting i.e. ARTRAC Canteen Shimla on the post of Sales Attendant. (ii) That the posting orders and movement orders Annexure P3 issued by the respondents, may also be quashed and set aside.” 2. The case set up by the petitioners is that they are holding civil posts under the Union. The petitioners earlier filed petitions before the Central Administrative Tribunal and the same were withdrawn. If, as contended by the petitioners, they are holding civil posts, the jurisdiction to entertain the petitions, relating to service matters of employees holding civil posts under the Union, would vest only with the Central Administrative Tribunal. On the other hand, if the plea of the respondents is accepted that the petitioners do not hold civil posts, but are merely workmen, then the concerned Central Industrial Tribunal will have the jurisdiction to entertain such petitions. In any case, whether the contention of the petitioners or that of respondents is accepted, this Court does not have the jurisdiction to hear these matters. Therefore, the present petitions are rejected for lack of jurisdiction. However, we make it clear that we have not expressed any view on the merits of the case. The petitioners are free to choose the Forum, which they want to approach. 3. With the aforesaid observations, the writ petitions stand disposed of. All pending application, if any, are also disposed of.