IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16285 of 2009 DHARAMDEO SAH, S/O SHRI BIGU SAH, R/O VILLAGE BISWAMBHARPUR, P.S. TARIYANI CHOWK, DISTRICT SHEOHAR (SITAMARHI) RETIRED AS OFFICIATING ACCOUNTS OFFICER, OFFICE OF TELECOM DISTRICT MANAGER, MOTIHARI, DISTRICT-EAST CHAMPARAN. -APPLICANT/APPLICANT –PETITIONER Versus 1. THE UNION OF INDIA, THROUGH ITS CHAIRMAN, TELECOM COMMISSION, DEPARTMENT OF TELECOMMUNICATION, SANCHAR BHAWAN, NEW DELHI. 2. THE MEMBER, FINANCE, DEPARTMENT OF TELECOMMUNICATION, SANCHAR BHAWAN, NEW DELHI. 3. THE DIRECTOR (STAFF, ESTABLISHMENT AND ACCOUNTS) DEPARTMENT OF TELECOM, NEW DELHI. 4. THE CHIEF GENERAL MANAGER, TELECOMMUNICATION, BIHAR CIRCLE, PATNA. -RESPONDENTS- RESPONDENTS 2 30.11.2009 Heard the parties. The issue raised on behalf of the petitioner was that even if Bharat Sanchar Nigam Limited was not within the jurisdiction of Central Administrative Tribunal, Patna Bench, in the year 2005, on that ground petitioner’s application should not have been dismissed because he had already retired in the year 1997 as an employee of the concerned Department and notional relief of promotion and monetary benefits was being claimed from the Department and not from Bharat Sanchar Nigam Limited. 2 Learned counsel for Union of India has submitted that the dispute is no longer relevant because now Bharat Sanchar Nigam Limited has been brought within the jurisdiction of the Tribunal through a Notification dated 31st October, 2008. In view of common stand of the counsels for rival party that now the Tribunal has jurisdiction over the matter, we set aside the impugned order dated 07th December, 2005 passed by the Tribunal in O.A. no. 471 of 2000 as well as review order dated 23rd January, 2008 passed in R.A. no. 32 of 2006 and remit the matter back to the Tribunal for fresh consideration in accordance with law. The writ petition is allowed to the aforesaid extent. (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.) AAhmad