THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY W.P. No. 31613 of 2011 Dated 19-12-2011 Between: Khaja Naseeruddin Ahmed …Petitioner Vs. The Chief Managing Director (Staff), Sanchar Bhavan-20, Ashok Road, New Delhi—110001 and others. …Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY W.P.No. 31613 of 2011 Dated: 19-12-2011 ORAL ORDER: (Per: GR,J) Though the unsuccessful applicant in T.A.No. 85 of 2010 (W.P.No. 29758 of 2008) has filed this application aggrieved by the order dated 03-12-2010 of the learned Central Administrative Tribunal, Hyderabad Bench, dismissing the application, the learned counsel for the petitioner would state that the application itself ought to have been rejected on the ground that the Union of India, a proper and necessary party to the lis, was not impleaded before the Tribunal. The grievance of the petitioner/applicant before the Tribunal was against the imposition of a penalty of compulsory retirement from employment in the department of Telecommunications. The Union of India not having been made as a party, the application has to be dismissed on the said ground. For reasons alike the writ petition also cannot be maintained. It is also not possible for the petitioner now to implead the Union of India in this writ petition, as in the light of the judgment of the Supreme Court in L. Chandra Kumar v. Union of India[1] All grievances falling within the jurisdiction of the Tribunal under the provisions of the Administrative Tribunals Act, 1985 should first be pursued before the Tribunal and no recourse to the remedy under Article 226 of the Constitution of India, in the first instance is permissible. In the circumstances, the learned counsel for the petitioner states that with a view to extricate the petitioner from the problem, this Court be pleased to set aside the judgment of the Tribunal dated 03-12-2010 in T.A.No. 85 of 2010 (W.P.No. 20758 of 2008) and accord liberty to the petitioner to file a fresh application for impleading the necessary and proper parties in T.A.No. 85 of 2010. In the facts and circumstances, the order of the Tribunal dated 03-12-2010 in T.A.No. 85 of 2010 (W.P.No. 20758 of 2008) is set aside with liberty to the petitioner to pursue appropriate remedies in accordance with law after impleading the necessary and proper parties. The writ petition is accordingly disposed of. There shall be no order as to costs. __________________________ JUSTICE GODA RAGHURAM ___________________________________ JUSTICE G. KRISHNA MOHAN REDDY Dated: 19-12-2011 Pvks/* [1] AIR 1997 SC 1125