1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.2421/2005 Om Prakash Gaur v/s Bharat Sanchar Nigam Ltd. Date of order ::: 24.4.2009 PRESENT HON'BLE MR.JUSTICE NARENDRA KUMAR JAIN Shri Rajendra Arora, for petitioner. Shri Neeraj Batra, for the respondent. By the Court: Petitioner has preferred this writ petition challenging the impugned orders dated 26.2.2005 as well as 30.11.2004 passed by the Bharat Sanchar Nigam Limited. Notice to show cause was given to the respondent and in response thereto, they filed their reply to the writ petition. During the pendency of the writ petition a notification dated 21.10.2008 has been issued in exercise of powers conferred by section 14(2) of Central Administrative Tribunals Act, 1985, whereby the BSNL has been brought within the jurisdiction of Central 2 Administrative Tribunal w.e.f. 10.11.2008. The learned counsel for the respondent contended that in view of the notification referred to above, the petitioner has an alternative remedy by way of Original Application before the Central Administrative Tribunal, therefore, this writ petition be disposed of with liberty to petitioner to file an Original application before the CAT. He has also referred a judgment of this court dated 25.11.2008 passed in S.B. Civil Writ petition No.10134/2008 which reads as under : “Instant petition has been filed assailing order passed by Bharat Sanchar Nigam Ltd (BSNL). Notices were issued by this Court on 18.09.08. 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 the organisations including respondent BSNL – as a consequence whereof, orders passed by BSNL are appealable before Central Administrative 3 Tribunal under Act, 1985. 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 liberty to the petitioner to avail of remedy under law. No order as to costs.” In view of the above, the writ petition is disposed of with liberty to petitioner to avail alternative remedy by way of an Original Application before the Central Administrative Tribunal. It is observed that the time spent in prosecuting, the present writ petition will be considered sympathetically by the Tribunal for the purpose of condonation of delay in filing the Original Application. NO order as to costs. (Narendra Kumar Jain), J. chauhan/