Int. Relief App. 5431 / 09 In WPSB No. 113 of 2009 Hon. Prafulla C. Pant, J. Hon. Sudhanshu Dhulia, J. Mr. Anil Kumar Joshi, Advocate, present for the writ petitioner. Mrs. Anjali Bhargava, Central Government Counsel, present for the respondents. Learned counsel for the respondents raised a preliminary objection before filing the counter affidavit that the petition B.S. Bisht is a retired Asstt. Garrison Engineer, who got superannuated from Military Engineering Services, and the relief sought by him challenging the Office Memorandum No. F -38 / 37 / 08 –P&PW (A) dated 01.09.2008, issued by the Government of India, should have been claimed before the Central Administrative Tribunal. She pleaded that the writ petition is not maintainable in this court. In view of the principle of law laid down in L Chandra Kumar Vs. Union of India (1997) 3 S.C.C. 261, read with Section 14(1)(b)(iii) of the Central Administrative Tribunals’ Act, 1985, without expressing any opinion as to the merits of the case, this writ petition is dismissed leaving it open to the petitioner to seek the remedy available to him under law, before the Central Administrative Tribunal. It is hoped that the Central Administrative Tribunal may consider period of pendency of this writ petition while considering the limitation. (Interim Relief Application No. 5431 of 2009 also stands disposed of). (Sudhanshu Dhulia, J.) (Prafulla C. Pant, J.) 20.05.2011 HN