UNION OF INDIA Vs. JAI KISHORE PRASAD SINGH

JUDGEMENT

(1.) This writ petition is directed against the order dated 27.01.2005, passed by the Central Administrative Tribunal, Patna Bench, in O.A.No. 91 of 2003 ( Jai Kishore Pd. Singh & Ors. vs. Union of India & Ors.), whereby the Union of India has been directed to refer the case of the original applicants to Bharat Sanchar Nigam Limited ( in short `BSNL'), for consideration in accordance with law.

(2.) Learned counsel for the petitioners assail the validity of the order on the ground that B.S.N.L. was not within the jurisdiction of the Tribunal on the date of the order. It was notified to be within the jurisdiction of the Tribunal in terms of Section 14 (2) of the Administrative Tribunal Act 1985, at a later date.

(3.) We have perused the materials on record and considered the submissions of the learned counsel for the petitioners. It appears to us that BSNL was not within the jurisdiction of the Tribunal on the date of the order. However, the Tribunal has not issued any direction to B.S.N.L., and has instead directed Union of India to refer the case of the original applicants to B.S.N.L. for consideration on merits. Secondly, such a direction is possible in view of the judgment of the Supreme Court in Bandhua Mukti Morcha vs. Union of India & Ors. reported in AIR 1984 SC 802. We do not find any fault with the impugned order, inter alia, for the reason that there is no mandamus to grant any relief, and is only a direction to consider the case.