AB. GANI THEKRY Vs. UNION OF INDIA

JUDGEMENT

(1.) On the asking of the court, Mr. Makroo, learned ASGI, appeared on behalf of respondents. Petitioner is holding the post of Sub Post Master in Post and Telegraphs Department, presently posted in SPM Badyar Bala. He challenges his order of transfer dt. 1st of July 3 whereby he stands transferred from Badyar Bala to P.A. Beerwah, against a vacant post, on various grounds.

(2.) Mr. Makroo, ASGI, at the very outset objected to the maintainability of the writ petition in as much as, according to him, the petitioner ought to have first approached the Central Administrative Tribunal, established under the Administrative Tribunals Act, 1985.

(3.) Counsel for the petitioner urged that there was no legal impediment in this court in exercising its jurisdiction under Article 226 and in that regard, placed reliance upon a Full Bench judgment of this court Kuldip Khuda and ors v. Masud Ahmad Choudhary and Ors.,2010 7 JKJ 736