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HIGH COURT OF DELHI
Date of Order: May 23, 2018 W.P.(C) No. 5565/2018 & CM No. 21676/2018
ALL INDIA BHARAT SANCHAR NIGAM
LIMITED RETIRED EXECUTIVES’ ASSOCIATION
& ORS. ..... Petitioners
Through: Ms. C K Sucharita and Ms. Nikhar Berny, Advocates
Through: Mr. Sanjeev Narula, CGSC, Mr. Vinod Tiwari and Ms. Anumita Chandru, Advocates
JUDGMENT
1. In the first instance, petitioner-Association had directly approached the Supreme Court of India and SLP was withdrawn by petitioners’ counsel with liberty to approach this Court.
2. Learned counsel for respondents at the outset raises a question of jurisdiction by submitting that the relief sought in this petition is against respondent-Bharat Sanchar Nigam Limited, which is notified in Section 14 of the Administrative Tribunals Act, 1985. It is also pointed out that another Association i.e. All India Bharat Sanchar Nigam Limited Retired Executives’ Association and Others has already filed an original 2018:DHC:3416 W.P.(C) 5565/2018 application before the Central Administrative Tribunal, New Delhi in which challenge has been laid to the Office Memorandum of 18th July,
2016.
3. Learned counsel for petitioners submits that the challenge herein is also to another Office Memorandum of 10th June, 2013 and since the petitioner nos. 2 to 39 are Senior Citizens who seek speedy relief and so this petition has been filed before this Court.
4. Since the jurisdiction to entertain this petition is with the Central Administrative Tribunal (CAT), therefore, this petition and the application are disposed of while relegating petitioners to approach the Central Administrative Tribunal (CAT), New Delhi.
5. With the aforesaid liberty, this petition and the application are accordingly disposed of. Dasti.
JUDGE MAY 23, 2018 p