LAWS(GAU)-2021-8-67

KARGE KAMKI Vs. UNION OF INDIA

Decided On August 03, 2021
Karge Kamki Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The learned counsel for the respondent nos. 2 to 6 has raised an issue of maintainability of the present writ petition as indicated in the order dtd. 1/7/2021. The learned senior counsel appearing for the respondent no. 7 has also reiterated the same point. Hence, the Court is inclined to hear the learned counsel for the respondent nos. 2 to 6 and learned senior counsel for the respondent no. 7 first, having raised the preliminary issue on maintainability.

(2.) Heard Mr. K.N. Choudhury, learned senior counsel appearing on instructions for the respondent no.7 and Mr. C. Baruah, learned standing counsel for respondent nos. 2 to 6. Mr. S.S. Roy, learned CGC appearing for respondent no.1 is present. Also heard Mr. C.P. Sharma, learned senior counsel, assisted by Mr. R. Phukan, learned counsel for the petitioner.

(3.) The learned senior counsel for the respondent no. 7 has submitted that the petitioner is an officer of the respondent no. 2. By referring to Appendix-VI of the Administrative Tribunals Act, 1985 as amended, it is submitted that the said appendix is under Rule 154(b) of the Central Administrative Tribunal Rules of Practice, 1993, which provides for Classification of cases subjectwise/ department wise. It is submitted that services under NHAI, under the Ministry of Shipping, Road Transport and National Highways is included at serial no. 50 of Sub-para (D) of Schedule-VI, which contains list of corporations/societies/ other authorities within the purview of Central Administrative Tribunal under Sec. 14(2) of the Administrative Tribunals Act, 1985.