- (1.) M. Katju, J. This petition relates to seniority of Medical Officers of ESI cadre. Such persons are in the U. P. Government service. In our opinion the petitioner has an alternative remedy before the U. P. Public Service Tribunal.
(2.) IT has been held by the Supreme Court in Secretary, Minor Irrigation and Rural Engineering Services, U. P. and others v. Sahngoo Ram Arya and another, AIR 2002 SC 2225 (vide para 12) that all the matters cognizable by the U. P. Public Service Tribunal, should be filed before the Tribunal in the first instance. The Supreme Court in that decision observed : "when the statute has provided for the constitution of a Tribunal for adjudicating the disputes of a Government servant, the fact that the tribunal has no authority to grant an interim order is no ground to by-pass the said tribunal. In an appropriate case after entertaining the petitions by an aggrieved party if the Tribunal declines on interim order on the ground that it has no such power then it is possible that such aggrieved party can seek remedy under Article 226 of the Constitution but that is no ground to by- pass the said tribunal in the first instance itself. " The above view is binding on us under Article 141 of the Constitution. Hence we are of the opinion that the petitioner has first to approach the U. P. Public Service Tribunal and only thereafter can he come to the High Court under Article 226.
(3.) LEARNED Counsel for the petitioner submitted that it is only where there are disputed questions of fact that a party should be relegated to his alternative remedy before the Tribunal. We do not agree. The Supreme Court in the above observation has not drawn any distinction between cases where there are disputed questions of fact and cases where there are none. Hence all cases cognizable by the Tribunal have first to go to the Tribunal, and only thereafter can a party come to the High Court. For the reasons given above, the petition is dismissed on the ground of alternative remedy before the Tribunal. Petition dismissed. .;