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2006 Supreme(Gau) 112

P.G.AGARWAL, BROJENDRA PRASAD KATAKEY
Union of India – Appellant
Versus
Thaiu Mag – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: K.P. Pathak, P.P. Malhotra, H. Rahman and V. Malhora, Advs.
For Respondents/Defendant: J.L. Sarkar, N. Chaudhury and S.K. Ghose, Advs.

JUDGMENT

B.P. Katakey, J.

1. In this appeal, the Appellants, who are the Respondents in WP (C) No. 328 (SH)/2005, has raised the question of maintainability of the writ petition before the High Court in view of existence of adequate efficacious alternative remedy in the form of an application before the Central Administrative Tribunal constituted under the Administrative Tribunal Act, 1985, by challenging the order dated 29.11.2005 passed by the learned Single Judge in the said writ petition.

2. The Respondents herein, who are the members of Group 'A' Officers of the Indian Telecom Service under the Government of India, filed a writ petition being W.P. (C) No. 328 (SH)/2005 before the Shillong Bench of this Court praying for the following reliefs:

I. i) Call for the records,

ii) Issue notice to the Respondents to show cause as to why a writ of mandamus and or writ of certiorari or any other appropriate writ or order should not be issued to set aside the impugned option circular O.M. dated 24th March, 2005 as illegal, arbitrary and void ab initio; (Annexure-IV) and directing the Respondent to issue a fresh, comprehensive and self-contained memorandum of terms and conditions of service in






















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