High CourtsSingle Bench(2018) 05 DEL CK 0329

ALL INDIA BHARAT SANCHAR NIGAM LIMITED RETIRED EXECUTIVES’ ASSOCIATION & ORS. vs UNION OF INDIA THROUGH SECRETARY, (TELECOM)

Delhi High Court · Decided on 23 May 2018

HON’BLE JUDGES
SUNIL GAUR
RESULT
Partly Allowed
CASE NUMBER
W.P.(C) No. 5565 OF 2018 & CM No. 21676 OF 2018

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Judgment

11 paragraphs · 207 words
1.

In the first instance, petitioner-Association had directly approached the Supreme Court of India and SLP was withdrawn by petitioners’counsel

with liberty to approach this Court.

2.

Learned counsel for respondents at the outset raises a question of jurisdiction by submitting that the relief sought in this petition is against

respondent-Bharat Sanchar Nigam Limited, which is notified in Section14 of the Administrative Tribunals Act, 1985. It is also pointed out that another

Association i.e. All India Bharat Sanchar Nigam Limited Retired Executives’ Association and Others has already filed an original application

before the Central Administrative Tribunal, New Delhi in which challenge has been laid to the Office Memorandum of 18th July, 2016.

3.

Learned counsel for petitioners submits that the challenge herein is also to another Office Memorandum of 10th June, 2013 and since the petitioner

nos. 2 to 39 are Senior Citizens who seek speedy relief and so this petition has been filed before this Court.

4.

Since the jurisdiction to entertain this petition is with the Central Administrative Tribunal (CAT), therefore, this petition and the application are

disposed of while relegating petitioners to approach the Central Administrative Tribunal (CAT), New Delhi.

5.

With the aforesaid liberty, this petition and the application are accordingly disposed of.