UNION OF INDIA Vs. MD ASIQ BILLAH

JUDGEMENT

(1.) These appeals have arisen from a common judgement and order passed by a learned Single Judge of this Court on May 18, 2018 on three writ petitions. The appeals were heard together and are being disposed of analogously.

(2.) On behalf of the Union of India, i.e. the appellants herein, a preliminary objection was taken before the learned Single Judge about the maintainability of the writ petitions in this Court. The stand of the Union of India has been that the grievance of the writ petitioners can only be adjudicated before the Central Administrative Tribunal which as the Court of first instance has the jurisdiction to entertain these applications.

(3.) By the order impugned, the learned Single Judge has, inter alia, held the writ petitions to be maintainable in this Court since they do not involve recruitment or any relief relating to any civil post under the Union and that is expressly provided for under statutory rules framed by the Union of India itself. In the said order, the learned Single Judge has also passed some other directions. However, it was made clear that all the observations, except the finding as to jurisdiction of this Court to entertain the writ petitions, were tentative and subject to the ultimate result of the writ petition.