IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14550 of 2009 MOHAMAD ARSHAD HUSSAIN S/O LATE AKHTAR HUSSAIN VILL.- KARISATH, P.S.- UDWANT NAGAR, DISTT.- BHOJPUR Versus 1. THE UNION OF INDIA through the Chairman Tele Communication, Govt. of India, Sanchar Bhawan, New Delhi. 2. THE BHARAT SANCHAR NIGAM LTD. THROUGH ITS CHAIRMAN, SANCHAR BHAWAN, NEW DELHI- 110001 3. THE DIVISIONAL ENGINEER BHARAT SANCHAR NIGAM LTD., BHAGALPUR 4. THE CHIEF GENERAL MANAGER BHARAT SANCHAR NIGAM LTD., PATNA ----------- 4. 16.11.2009. Heard learned counsel for the petitioner and the counsel for the Bharat Sanchar Nigam Ltd. (hereinafter referred to as “B.S.N.L.”). 2. Counsel for the B.S.N.L. has filed counter affidavit placing on record notification of the Ministry of Personnel, Public Grievances and Pensions dated 31st October, 2008,(Annexure-A), whereunder order passed by the authorities of the B.S.N.L. is subject to the jurisdiction of the Administrative Tribunal constituted under the Administrative Tribunal Act, 1985 and with reference to the said notification it is submitted that the order dated 22nd June, 2009 (Annexure-9) passed by the Assistant General Manager (East) refusing the prayer of the petitioner for compassionate appointment in place of his father, late Akhtar Hussain, who died on 26.11.1991 should be assailed before the Administrative Tribunal, Patna either by reviving C.C.P.A. 02/2003 which was permitted to be withdrawn under order dated 05.12.2003 or by filing a fresh O.A. assailing the same. 3. As submitted by the counsel for the B.S.N.L., this writ application is disposed of with liberty to the petitioner either to revive C.C.P.A. 02/2003 or to file a fresh O.A. challenging the order dated 22nd June, 2009, Annexure-9. P.K.P. (V.N.Sinha,J.)