High CourtsSingle Bench(2018) 02 DEL CK 0241

Kunwar Pal Singh & Anr vs East Delhi Municipal Corporation (HQ) & Ors

Delhi High Court · Decided on 7 February 2018

HON’BLE JUDGES
Sunil Gaur, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 1150 Of 2018

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Judgment

15 paragraphs · 261 words

Sunil Gaur, J

1.

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.

2.

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.

3.

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.