MAHADEV PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD counsels for the parties. The appellants have filed the present special appeal against the order of the learned Single Judge, who refused to exercise the jurisdiction by holding that the petitioners have got equally efficacious remedy by filing claim petition before the U.P. Public Services Tribunal.

(2.) IN the judgement of L. Chandra Kumar Vs. Union of India and Others, reported in 1997 Supreme Court Case (L&S) Vol.- 1, Page- 577, the Hon'ble Supreme Court in para 93 observed as under:-

(3.) THE Supreme Court in L. Chandra Kumar (supra) considering these provisions was pleased to hold that the employees must first approach the Tribunal after considering the scope of the Administrative Tribunal Act. The provisions for reference of claim to the Tribunal under the U.P. Act are contained in Section 4 of the U.P. Act, which reads as under :-