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2015 DIGILAW 572 (UTT)

ANAND BALLABH PAPNE v. CHIEF ENGINEER CENTRAL WATER COMMISSION, NEW DELHI

2015-12-14

SUDHANSHU DHULIA

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JUDGMENT Hon’ble Sudhanshu Dhulia, J. (Oral) 1. Mr. Ashish Joshi, Advocate present for the petitioner. 2. Mr. Sanjay Bhatt, Advocate present for the Union of India/respondents. 3. By means of present writ petition, petitioner seeks compassionate appointment as his father was working on the post of “Khalasi” in the Central Water Commission, Almora and died while in harness on 21.11.2004. 4. Learned counsel for respondents however, has raised a preliminary objection that the father of the petitioner was an employee of the Central Water Commission under Government of India and hence in the first instance, petitioner must seek remedy before the Central Administrative Tribunal. 5. This Court is also of the opinion that the matter must first go before the Central Administrative Tribunal, particularly, in view of the Constitution Bench judgment in L.Chandra Kumar Vs. Union of India reported in AIR 1997 SC 1125 . 6. In view thereof, the writ petition is dismissed on the ground of alternative remedy.