ORDER :

This writ petition under Article 226 of the Constitution of India has been filed seeking the following reliefs :—

i) That, by issuance of a writ, direction or order be issued commanding the respondents to provide an appropriate employment to the petitioner as per the qualifications of the petitioner as per the qualification of the petitioner with all the consequential benefits thereof.

ii) That, any other relief which this Hon’ble Court may deem fit in the facts and circumstances of the case may also be awarded together with awarding the cost of these proceedings.

2. It is submitted by counsel for the petitioner that this Court by order dated 16-6-2023 passed in W.P. No. 2296/2023 in the case of Ashok Shrivastava vs. Union of India and others , as well as by order dated 10-7-2023 passed in the case of Geeta Dey vs. Union of India, decided on 10-7-2023 in W. P. No. 3469/2023 has disposed of similar writ petition and, therefore, this petition is also covered by the said order.

3. Per contra, it is submitted by counsel for the respondents that the petitioner is seeking appointment in the Department of Railway, therefore, this Court has no jurisdiction to entertain this petition and the matter is exclusively triable by the Central Administrative Tribunal. It is further submitted that in the light of judgment passed by the Supreme Court in the case of L. Chandra Kumar vs. Union of India and others , reported in (1997) 3 SCC 261 the Tribunal shall continue to act as the only Court of first instance in respect of the areas of law for which they have been constituted, therefore, it is clear that it is not open for the litigants to directly approach to the High Court by overlooking the jurisdiction of the concerning Tribunal.

4. Heard the learned counsel for the parties.

5. Section 3(q) of the Administrative Tribunals Act reads as under :—

3(q) “service matters”, in relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India, or, as the case may be, of any corporation (or society) owned or controlled by the Government, as respects —

(i) remuneration (including allowances), pension and other retirement benefits;

(ii) tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation;

(iii) leave of any kind;

(iv) disciplinary matters; or

(v) any other matter whatsoever;

6. From the aforesaid section it is clear that the Central Administrative Tribunal has a jurisdiction to deal with the remuneration, pension, other retirement benefits; tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation; leave of any kind; disciplinary matters; or any other matter whatsoever. Therefore, the use of word ‘any other matter whatsoever’ has to be read in connection with the aforementioned aspect.

7. Section 14 of the Administrative Tribunals Act reads as under :—

14. Jurisdiction, powers and authority of the Central Administrative Tribunal. — (1) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all Courts (except the Supreme Court ***) in relation to —

(a) recruitment, and matters concerning recruitment, to any All-India Service or to any civil service of the Union or a civil post under