PABITRA KUMAR MITRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is serving in the post of Senior Chief Medical Officer (Senior Administrative Grade) in the Central Government Health Scheme under Ministry of Health and Family Welfare.

(2.) The petitioner is aggrieved by the transfer order dated 26th September, 2019 issued by the under Secretary to the Government of India, Ministry of Health and Family Welfare, New Delhi and the letters dated 3rd September, 2019 and 22nd November, 2019 as well as the decision of the respondent authorities not to consider the petitioner for transfer and/or promotion to the post of Additional Director, Central Government Health Scheme as he has less than one year of service left to attain the age of 62 years.

(3.) At the very outset the learned advocate representing the Union of India raises a preliminary objection with regard to the maintainability of the writ petition under Article 226 of the Constitution of India at this stage. It has been submitted that the service of the petitioner will be covered under the Administrative Tribunals Act, 1985 and the petitioner ought to approach the Central Administrative Tribunal for necessary relief.