ANJALI MUKHERJEE Vs. COMMISSIONER OF POLICE LAL BAZAR

JUDGEMENT

(1.) THIS mandamus-appeal is at the instance of an unsuccessful writ-petitioner and is directed against order dated December 22, 2005 passed by a learned single Judge of this Court by which His Lordship rejected the writ-application on the ground that in view of the provisions contained in Administrative tribunal Act, 1985, (hereinafter referred to as the Act) the writ-application was not maintainable.

(2.) BEING dissatisfied, the present mandamus-appeal has been preferred.

(3.) MR. Mukherjee, the learned advocate appearing on behalf of the appellant laboriously contended before us that the learned single Judge refused to exercise jurisdiction vested in His Lordship by not entertaining the writ-application. According to Mr. Mukherjee, the writ-petitioner, not being an employee of the State Government, but a widow of a retired employee, there was no scope of moving the State administrative Tribunal under the provision of section 19 of the Act. Mr. Mukherjee further contends that in the writ-application the grievance of the writ-petitioner was against the Accountant General, west Bengal, as well as the Manager of a branch of the United Bank of india through which the family pension is disbursed to the writ petitioner and those persons cannot be said to be the employees of the state Government and as such, the Tribunal cannot have any jurisdiction over those persons. Mr Mukherjee, therefore, prays for setting aside the order passed by the learned single Judge and for disposal of the writ-application on merit.