PRAMOD KUMAR DIXIT Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) This writ petition has been filed:

(2.) It appears that the Petitioners filed an application dated 26.02.2009, supported by an affidavit, in a pending writ petition No. 520 (S/B) of 2007, praying therein that they be permitted to withdraw the writ petition with liberty to file an O.A. before the CAT to claim appropriate relief. A co- ordinate Division Bench of this Court, while considering the notification dated 31.10.2008 whereby the Bharat Sanchar Nigam Limited was notified under Section 14(2) of the Central Administrative Tribunal Act, 1985 with effect from 10.11.2008, passed an order on 03.03.2009 dismissing the writ petition on the ground that the Petitioners have an alternative and statutory remedy before the CAT and also directed that in case an original application is moved within two months from the date of order, the same shall be disposed of in accordance with law, on merits. The order of this Court, on reproduction, reads as under:

(3.) Accordingly, the Petitioners filed O.A. No. 199/2009 on 25.03.1999 before the CAT within the stipulated period in accordance with the liberty granted vide order dated 03.03.2009 by this Court alongwith a copy thereof. During the course of hearing, it appears that the Respondents took objection to the admission of O.A. praying not to grant without hearing them whereas the Petitioners insisted that in view of this Court's order dated 03.03.2009, it was to be heard on merit, and thus, there was no need to consider the objections raised by the Respondents. However, by an order dated March 30, 2009, the CAT held that it was necessary to provide opportunity of hearing to the respondents on the question of admission. Thereafter, the arguments of respondents were heard on 16.04.2009 and the CAT passed the order dated 07.05.2009 while holding that the O.A. was barred by limitation and declined to admit the O.A. for disposal on merits.