IN THE HIGH COURT OF JUDICATURE AT PATNA --- CWJC No.381 of 2010 --- Prakash Mandal s/o Hardeo Mandal, r/o village – Mohanpur, P.S. – Gobindpur, P.O. – Gobindpur, P.S. – Pirpaiti, District – Bhagalpur ………. Petitioner Versus 1. The Union Of India represented through the Secretary, Ministry of Railway, New Delhi 2. The Divisional Railway Manager (personnel), Katihar, Bihar 3. The Railway Recruitment Board, Guwahati Station Road Guwahati, through the Chairman, Railway Recruitment Board, Guwahati 4. The Chairman Railway Recruitment Board, Guwahati, Station Road, Guwahati 5. The Assistant Personnel Officer, Railway Division, Katihar ……………… Respondents ----------- For the petitioner : Mr. Shivaji Pandey, Sr. Advocate Mr. Ajit Kumar, Advocate For the respondents 1 to 4: Mr. Anil Singh, Advocate 2 8/1/2010 In this writ petition preferred under Articles 226 & 227 of the Constitution of India, the petitioner has called in question the acceptability of the order dated 14.10.2009, whereby the tribunal in paragraph -3 has stated as follows: “The learned counsel for the applicant submitted that he has been directed to appear for medical test and he has been medically examined on 6.8.2009. In reply to this, the learned counsel for the respondents submitted that his re-medical examination on 6.8.2009 may give rise to a 2 separate cause of action but the present OA is not fit to be allowed as it is barred by limitation.” Learned counsel for the railway administration has invited our attention to Annexure -9 which contains the said order. On a perusal of the same, it is manifest that initially the appointment was offered and then it was cancelled. We are disposed to think that the observation made by the tribunal is just and proper and does not warrant interference. However, regarding being had to the plight of the petitioner, it is directed that if the petitioner prefers fresh original application under section 19 of the Administrative Tribunals Act, 1985 within a period of six weeks from today, the tribunal, keeping in view the special features of the case, shall dispose of the same within a period of four months. The writ petition is accordingly disposed of without any order as to costs. (Dipak Misra, CJ.) (Dr. Ravi Ranjan, J.) 3 Neyaz/