- (1.) By this writ application, the writ petitioner, the heir of an Assistant Public Prosecutor who died-in-harness, has prayed for direction upon the respondents to release pensionary benefit and other entitlements available to the deceased employee.
(2.) Mr. Dutta, the learned counsel appearing on behalf of the respondent has taken a preliminary objection as regards maintainability of the writ anolication by pointing out that appropriate remedy of the petitioner lies by filing proceedings before State Administrative Tribunal constituted under Administrative Tribunals Act, 1985 ("Act").
(3.) Mr. Dutta submits that an Assistant Public Prosecutor cannot be said to be an officer or servant of Supreme Court or High Court or Court subordinate thereto within the meaning of section 2(c) of the Act and as such the petitioner cannot claim exemption from the operation of the Act.;