SBCWP NO.4156/00. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.4156/2000. Fazal Hussain Vs. Union of India & Ors. Date of Order:- November 22, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Arvind Bhardwaj for the petitioner. Shri Rajveer Singh for the respondents. ***** BY THE COURT:- In the present case, writ petition has been filed by retired railway employee claiming benefit of pension on the strength of earlier order of the Central Administrative Tribunal Bench Jaipur. Although the court has conscious of the fact that this writ petition was filed in the year 2000 and remained pending before this court for last ten years, but at the same time in view of the constitutional bench judgment of Apex Court in L.Chandra Kumar Vs. Union of India & Ors. : AIR 1997 SC 1125, the remedy of the petitioner lies before the Central Administrative Tribunal Bench Jaipur itself. It is informed by the learned counsel for petitioner that now petitioner has already retired and his legal representative is prosecuting the present petition, even if that be SBCWP NO.4156/00. 2 so, it would be open for him to raise all the pleas raised before this Court before the Tribunal. Learned counsel at this stage submitted that he may have difficulty in approaching the Tribunal now because of limitation and therefore prayed that this matter may be transmitted to the Tribunal. Prayer is declined. Petitioner may directly make an application before the Tribunal with his submission regarding delay giving all these reasons so as to take advantage of Section 5 as well as Section 14 of the Limitation Act, 1963 read with Section 21 of the Administrative Tribunals Act, 1985. The learned Tribunal may in its wisdom consider those aspects independently keeping in view the fact that the writ petition has remained pending before this Court for one decade. Present writ petition is disposed of with the aforesaid observation. (MOHAMMAD RAFIQ), J. anil