Sudarshan Ram vs Regional Manager, U.P.S.R.T.C., Allahabad and another

Shyamal Kumar Sen, C.J.—This special appeal is directed against the judgment and order dated 20.2.1995 of a learned single Judge by which the writ petition filed by the appellant was dismissed. The learned single Judge was of the opinion that the appellant should avail of the alternative remedy before the U. P. Public Services Tribunal or under the U. P. Industrial Disputes Act. and, accordingly dismissed the writ petition,

We have heard learned counsel for the appellant and have perused the record.

The appellant was an employee of U. P. State Road Transport Corporation. He is, therefore, a ''public servant'' within the meaning of Section 2(b)(iii) of U. P. Public Services (Tribunal) Act. 1976 (hereinafter referred to as the Act). Section 4 of the Act provides that a public servant can prefer a claim petition before the U. P. Public Services Tribunal in any matter relating to employment. Therefore. the appellant has an equally efficacious alternative remedy of preferring a claim petition before the Tribunal. It has been held in L. Chandra Kumar Vs. Union of India and others, , that a public servant should first approach the Tribunal and the decision rendered by the Tribunal can be challenged by filing a writ petition. We are, therefore, In agreement with the view taken by the learned single Judge that the appellant should first approach the Tribunal instead of filing a writ petition under Article 226 of the Constitution.

The special appeal lacks merit and is dismissed summarily at the admission stage.