Sudhir Agarwal, J. - (1.) Heard Sri G.S. Shrivastava, Advocate, for petitioner and learned Standing Counsel for respondents.
(2.) Petitioner is an Association of Central Government employees and has filed this writ petition through its Secretary, who himself is Central Government Employee. Therefore, this writ petition at the first instance is not maintainable before this Court in view of the law laid down by Apex Court in L. Chandra Kumar Vs. Union of India, 1997 AIR(SC) 1125 (para 93) because petitioner has a remedy to file application under Section 19 of Administrative Tribunal Act, 1985 (hereinafter referred to as "Act, 1985") and this Court cannot entertain writ petition directly in such matters. Apex Court in L. Chandra Kumar has observed: "We may add that the Tribunals will, however, continue to act as the only Courts of first instance in respect of the areas of law for which they have been constituted. By this, we mean that it will not be open for litigants to directly approach the High Courts even in cases where they question the vires of statutory legislations ........" (para 93)
(3.) In view of the law laid down in L. Chandra Kumar as also in Kendriya Vidyalaya Sangathan and another Vs. Subhash Sharma, 2002 AIR(SC) 1295 followed by a Single Judge decision of this Court in Bhaskar Mishra Vs. Union of India and another, 2009 4 ESC 2355, this writ petition is not maintainable at the first instance since petitioner has a remedy to approach Central Administrative Tribunal under Section 19 of Act, 1985.;