WP(C) 7090/2005 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA This writ petition has been filed with the following prayer: In the premises aforesaid, Your petitioner prays that Your Lord ships will be kind enough to admit this petition, call for the records, issue ru le calling upon the respondents to show cause as to why the legitimate dues shou ld not be paid/refunded to the petitioner, and after hearing the parties make th e rule absolute. -And- Pending disposal of the rule, issue a direction to the responden ts to pay his dies and enhancement/regularization of his pension, on humanitaria n ground or pass such other order or orders as to Your Lordships may deem fit an d proper, in the interest of justice. Pursuant to a departmental proceeding, the petitioner was impose d with the penalty of reduction in the time scale of pay and consequent upon suc h order of penalty, his pay was fixed by Annexure-E order dated 1.2.1994. Apart from the fact that the penalty order is not under challeng e, the writ petition was also filed after long 11 years. I have heard Mr. H.A. Sarkar, learned counsel for the petitioner as well as Mr. U.K. Nair, learned Standing Counsel, Railways. Mr. Nair, learned Standing Counsel, Railways submits that apart from the delay in approaching the writ Court, which is more than 11 years, the writ petition is also not maintain able in view of the fact that there is no challenge to the order of penalty and also that jurisdiction lies with the Central Administrative Tribunal, Guwahati B ench, Guwahati. It has been held in L. Chandra Kumar Vs. Union of India reported in (1997) I GLT 1 SC that a Central Government Employee, if aggrieved by any or der is to approach the Central Administrative Tribunal as the Court of first ins tance and only thereafter if aggrieved by the order passed by the Tribunal, he c an approach the Division Bench of this Court. Without expressing any opinion on the merit of the case of the p etitioner and accepting both the aforesaid grounds of delay and lack of jurisdic tion, the writ petition is disposed of. It will be open for the petitioner to pu rsue such legal remedy as may be available. Equally, it will be open for the res pondents to take the ground of delay in approaching the Court. Writ petition stands disposed of.