Rajasthan High Court - Jaipur
S N Gupta vs Union Of India & Ors on 25 November, 2016
Author: Ajay Rastogi
Bench: Ajay Rastogi
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D.B.SPECIAL APPEAL (WRIT) NO.600/2004.
S.N.Gupta. Vs. UOI & Others.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JAIPUR BENCH, JAIPUR
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D.B.SPECIAL APPEAL (WRIT) NO.600/2004.
APPELLANT:
S.N.Gupta S/o Shri Gajanand Gupta aged about 40 years, R/o E-
9/569, Chitrakoot Scheme, Ajmer Road, Jaipur-302001 and
presently working as Assistant Accounts Officer, Office of
Principal General Manager, Tele-Communication Department,
(Bharat Sanchar Nigam Limited), Jaipur (Rajasthan).
VERSUS
RESPONDENTS:
1. Union of India through its Secretary to the Govt. of India,
Deptt. Of Telecommunication, Ministry of Communication &
Information Technology, Sanchar Bhawan, New Delhi-110001.
2. Chairman & Managing Director (CMD), Bharat Sanchar
Nigam Limited, Statesman House, 142/b, Barakhambha Road,
New Delhi-110001.
3. Chief General Manager, Telecommunication Department
(Bharat Sanchar Nigam Limited), Rajasthan Circle, Jaipur-
302017.
Date of Judgment : 25.11.2016
HON'BLE MR.JUSTICE AJAY RASTOGI
HON'BLE MR.JUSTICE SANJEEV PRAKASH SHARMA
Mr.Abhishek Sharma, Counsel for appellant.
Mr.Surya Pratap Singh, Counsel on behalf of
Mr.Inderjeet Singh, Counsel for respondents.
JUDGMENT
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Instant special appeal has been filed assailing order of the ld.Single Judge dt.15.07.2004, while dismissing the writ petition, it was observed that if the writ petitioner is aggrieved by order of the ld.Central Administrative Tribunal in the light of judgment of the Apex Court in L.Chandra Kumar Vs. Union of India & Ors. -2-
D.B.SPECIAL APPEAL (WRIT) NO.600/2004.
S.N.Gupta. Vs. UOI & Others.
reported in (1997) 3 SCC 261, the writ petition lies before the Division Bench of this court and the writ petition filed before the Single Bench of this court, according to him was not maintainable.
As alleged, in the petition, the appellant initially joined served on the post of Telegraph Assistant in the Department of Telecommunication (DoT) which was later on redisgnated as Telecom Operative Assistant and after qualifying the examination, he was appointed as Junior Accounts Officer and after creation of BSNL vide notification dt.15.09.2000, which came into force w.e.f. 01.10.2000, his services were transferred and he became an employee of BSNL.
Regarding certain service disputes, the writ petition was filed at the instance of the appellant impleading BSNL as one of the party respondent in the year 2004 which came to be dismissed by the ld.Single Judge at the motion stage under order impugned dt.15.07.2004 holding that order of ld.Central Administrative Tribunal can be challenged before the Division Bench of this court, keeping in view the judgment of L.Chandra Kumar (supra).
Counsel for the appellant submits that what has been noticed by the ld.Single Judge while dismissing the writ petition, appears to be factually incorrect. He never approached the ld.Tribunal and the simple reason was that by the time he approached this court, BSNL was never notified u/Sec.14(2) of -3- D.B.SPECIAL APPEAL (WRIT) NO.600/2004.
S.N.Gupta. Vs. UOI & Others.
the Administrative Tribunuls Act, 1985 for adjudication of the service disputes by the ld.Tribunal, as such, he was within his rights to approach this court questioning the action of BSNL in the writ jurisdiction of this court.
We find substance in the submission made and what being observed by the ld.Single Judge appears to be factually incorrect and on the date of filing of the writ petition, there was no notification issued by the Government of India, Ministry of Personnel, Public Grievances & Pensions in exercise of powers conferred under sub-sec.(2) of Sec.14 of the Act, 1985 notifying BSNL in regard to adjudication of the service disputes by the ld.Tribunal.
Indisputably, notification has been published in the official gazatte by the Government of India on 31.10.2008 in exercise of powers conferred under sub-sec.(2) of Sec.14 of the Act, 1985 which came into force w.e.f. 10.11.2008 and in view of the Notification of the Government of India, service dispute raised subsequent to the Notification certainly, one has to approach the ld.Tribunal but in the present case, the appellant approached this court much prior to the Notification, of which reference has been made supra, dt.31.10.2008 and what has been observed by the ld.Single Judge while dismissing the writ petition, in the facts of the instant case, does not hold good & at the same time, all such petitions which were pending, prior to the Notification against BSNL, in the courts taking note of Sec.29(2) of the Act has to be -4- D.B.SPECIAL APPEAL (WRIT) NO.600/2004.
S.N.Gupta. Vs. UOI & Others.
transferred to the ld.Tribunal and taking note thereof, we are of view that order of the ld.Single Judge is not sustainable and at the same time in view of Sec.29(2) of the Act, the very writ petition filed by the appellant deserves to be transferred to the ld.Tribunal for adjudication on merits.
Consequently, the instant special appeal is allowed and order of the ld.Single Judge dt.15.07.2004 is quashed and set aside and in terms of Sec.29(2) of the Act, we consider it appropriate to direct the Registry to transfer Civil Writ Petition No.4414/2004 to the ld.Central Administrative Tribunal, Jaipur and let the parties may record their presence before the ld.Tribunal on 16.01.2017 and the ld.Tribunal may proceed with the matter thereafter.
(SANJEEV PRAKASH SHARMA),J. (AJAY RASTOGI),J. Solanki DS, PS.