1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 5553 OF 2007 (Prakash Yashwantrao Patre .v. Union of India and others) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri M.M. Sudame, Advocate for the petitioner. Shri R.S. Sundaram, Advocate for the respondents. CORAM : A.P. LAVANDE AND PRASANNA B. VARALE, JJ. 29TH JANUARY, 2009. Heard. By this petition, the petitioner, who was earlier serving with the Department of Telecommunication, is seeking several reliefs against the respondents. Admittedly, the said department has been taken over by Bharat Sanchar Nigam Limited. Shri R.S. Sundaram, the learned Counsel appearing on behalf of the respondents, has placed on record the notification dated 31st October, 2008, by which, the BSNL has been brought within the purview of the Administrative Tribunal Act. The said notification is taken on record. Shri R.S. Sundaram, the learned Counsel submits that the petitioner has an effective remedy of filing the application seeking the reliefs claimed in the petition before the Central Administrative 2 Tribunal in view of the said notification. Shri M.M. Sudame, the learned Counsel appearing on behalf of the petitioner, submits that this petition has been filed by the petitioner on 17.10.2006, since the Central Administrative Tribunal at the relevant time held that it had no jurisdiction to entertain the application under the Administrative Tribunal Act. The petitioner is willing to avail of the remedy under the said Act, but the delay in filing the application deserves to be condoned. The learned Counsel for the petitioner states that the petitioner shall file an application before the Central Administrative Tribunal within a period of four weeks from today. The petitioner, therefore, seeks permission to withdraw the present petition with liberty to approach before the Central Administrative Tribunal for seeking reliefs as claimed in the present petition. In view of the above position and in view of the notification dated 31st October, 2008, we permit the petitioner to withdraw the present petition with liberty to file an application before the Central Administrative Tribunal seeking appropriate reliefs within a period of four weeks. In case, such application is filed within four weeks, the Central Administrative Tribunal shall condone the delay and dispose of the application on its 3 own merit. It is made clear that we have not expressed any opinion on the merits of the rival contentions. Writ Petition stands disposed of in aforesaid terms with no order as to costs. JUDGE JUDGE *rrg.