AI Structured Summary
Not yet generated for this judgment
Judgment
Sunil Gaur, J
In this petition, release of salary due since October, 2017 is sought by petitioners, who claim that they are working in East Delhi Municipal
Corporation School, Mandoli, Delhi and East Delhi Municipal Corporation School, Nand Vihar, Janta Flats, Delhi, functioning under first respondent. It
is submitted that Nagar Nigam Shikshak Sangh & Ors. have filed O.A. No.4717/2015 against first respondent for payment of salary before the
Central Administrative Tribunal and despite directions of 29th December, 2015, disbursement of salary has not been made and so, petitioners are
constrained to approach this Court.
If it is so, then the remedy under the Contempt of Courts (C.A.T.) Rules, 1992 can be availed of. It gives no cause to petitioners to approach this
Court, as the jurisdiction lies with the Central Administrative Tribunal for redressal of the grievance made by petitioners in this petition. It is evident
from Section 14 of The Administrative Tribunals Act, 1985 that all service matters pertaining to service in connection with affairs of authority
controlled by State Government or any local or other authority or any corporation or other body at the disposal of State Government, are required to be
dealt with by the Central Administrative Tribunal. Since the jurisdiction to seek reinstatement of petitioner lies with the Central Administrative
Tribunal, therefore, petitioner ought to avail of the remedies by approaching Central Administrative Tribunal, New Delhi.
In view of aforesaid, this petition and application are disposed of with liberty to petitioner to approach Central Administrative Tribunal for relief
claimed in this petition.
Dasti.
