In the High Court of Judicature for Rajasthan Jaipur Bench **
Civil Writ Petition No.12108/2008
Ram Dayal Jevalya Versus
Bharat Sanchar Nigam Ltd & Ors.
Date of Order ::: 03/03/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Manish Sharma for Mr. Prem Kr. Sharma, for petitioner Mr. Neeraj Batra, for respondents-BSNL
Instant petition has been filed on 20/10/2008 assailing order passed by Bharat Sanchar Nigam Ltd (BSNL).
Counsel for respondent BSNL has brought to the notice of this Court that vide notification dt.21/10/08, in exercise of powers conferred by S.14(2) of Central Administrative Tribunals Act, 1985 (Act, 1985) Central Government has notified 10th day of November, 2008 as the date on and from which provisions of S.14(3) of the Act shall apply to organisations including respondent BSNL as a consequence whereof, orders passed by BSNL are appealable before Central Administrative Tribunal under Act, 1985.
Counsel for petitioner submits that since pleadings are complete and notification (supra) has been issued on 21/10/08 after filing of instant petition may be transferred to the Central Administrative Tribunal, which has not been objected by respondent’s Counsel.
In view of notification (supra), writ petition is not maintainable as the order impugned is appealable under the Act, 1985 which is only the efficacious remedy under law.
Consequently writ petition is disposed of with the direction that matter be transferred to the Central Administrative Tribunal, Jaipur Bench for its adjudication in view of notification (supra). Parties are directed to appear before the Tribunal on 12/04/2010. Registry is directed to transfer the file to Tribunal (supra) alongwith a copy of this order. No costs.
(Ajay Rastogi), J.
K.Khatri/p2/
12108CW08-Mar3-BSNLTr.doc