R.K. VIJ Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner belongs to the Indian Police Service. Before the formation of the new State of Chhattisgarh, he was allocated to the undivided State of Madhya Pradesh. After formation of the new State of Chhattisgarh, the Petitioner vide orders dated 31/10/2000 and 06/11/2000 was allocated to the cadre of Indian Police Service in the State of Chhattisgarh. Representations made by the Petitioner to retain him in M.P. State went in vain. Feeling aggrieved by the said action of the Government of India, the Petitioner filed O.A. No. 2421/2001 before the Central Administrative Tribunal (for short, "the Tribunal"), Principal Bench at New Delhi. When that O.A. No. 2421/2001 came up for consideration before the Tribunal, Principal Bench at New Delhi, it is stated that a representation was made before the Tribunal by the Government of India that it would consider the representations of the Petitioner and that of the similarly circumstanced other IPS officers. In view of this undertaking given by the Government of India, the Tribunal by its order dated 05/02/2002 (Annexure P/3) disposed of O.A. No. 2421/2001 directing the Government of India to take a decision on the representations of the Petitioner and similarly circumstanced other IPS officers, as early as possible and in any case within a period of three months from the date of receipt of a copy of that order. It appears that the Government of India did not take a decision within the time-frame fixed by the Tribunal. However, belatedly, the Government of India vide its order dated 16/06/2005 and 27/06/2005 rejected the claim of the Petitioner to allocate him to the State of Madhya Pradesh.

(2.) In the meanwhile, this writ petition was filed on 01/09/2003 for a direction to the Government of India to dispose of the Petitioner's representations, as directed by the Tribunal. After the Government of India passed the orders against the Petitioner on 16/06/2005 and 27/06/2005, the Petitioner moved an application I.A. No. 7142/2005 for amendment of the writ petition so as to assail the legality of those orders of the Government of India. Opposing that application, on behalf of the Government of India, an objection inter alia other objections, was raised by contending that the Petitioner without exhausting alternative remedy before the Tribunal against the orders of the Government of India dated 16/06/2005 and 27/06/2005 should not be allowed to challenge the same directly before this Court under Article 226 of the Constitution of India. In support of that contention, the Government of India placed strong reliance on para 99 of the judgment of the Supreme Court in L. Chandra Kumar v. Union of India : (1997) 3 SCC 261.

(3.) On the other hand, on behalf of the Petitioner, it was contended that inasmuch as the Petitioner has had on an earlier occasion filed O.A. No. 2421/2001 before the Tribunal and the Government of India did not correct itself and again passed adverse orders against the Petitioner, this Court could review the validity of those orders. In support of that contention, the Petitioner placed reliance on the judgment of the Supreme Court in T.K. Rangarajan v. Government of Tamilnadu and Ors. : (2003) 6 SCC 581. In the premise of these contentions, the Court was called upon to consider the sole question whether the amendment sought by the Petitioner should be allowed or not. This Court by its order dated 09/08/2005 allowed the application for amendment.