Disposed

Raman Lal Pande v. Union of India and Ors.

Rajasthan HC4 May 2011CW/3964/2006

Case brief

AI extract

What is this about?

High Court of Rajasthan held that a writ petition seeking regularization of service is not maintainable as the impugned order is appealable under S.14(3) of the Act, 1985 post the 2008 notification directing transfer to Central Administrative Tribunal.

What did the court decide?

Writ petition disposed of; matter transferred to Central Administrative Tribunal, Jaipur Bench; parties directed to appear before Tribunal on 11/07/2011; no costs.

Raman Lal Pande Vs Union of India and Ors. — Service and Employment | Rajasthan HC (2011)

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CW 3964/06

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In the High Court of Judicature for Rajasthan Jaipur Bench **

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Civil Writ Petition No.3964/2006 Raman Lal Pandey Versus Union of India & Ors

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Date of Order ::: 04/05/2011

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Hon'ble Mr. Justice Ajay Rastogi

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Mr. Virendra Lodha, for petitioner Mr. Tej Prakash Sharma for respondent-BSNL

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Counsel for petitioner submits that petitioner was initially appointed as a Waterman in Department of Telecommunication on part time basis and is seeking regularisation of services.

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Counsel for respondents submits that in view of notification dt.21/10/2008 whereby in exercise of powers conferred by S.14(2) of the Act, 1985, the Central Government has notified 10^th day of November, 2008 as the date on and from which provisions of S.14(3) of the Act shall apply to organisation including respondent-BSNL – as a consequence whereof, orders passed by BSNL are appealable before Central Administrative Tribunal.

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Counsel for petitioner submits that since pleadings are complete and notification (supra) has been issued on 21/10/2008 after filing of instant petition may be transferred to the Central Administrative Tribunal, which has not been objected by respondent's Counsel.

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In view of notification (supra), writ petition is not maintainable as the order

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CW 3964/06

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impugned is appealable under the Act, 1985 being the only efficacious remedy under law. Consequently writ petition is disposed of with the direction that matter be transferred to the Central Administrative Tribunal, Jaipur Bench for its adjudication in view of notification (supra). Parties are directed to appear before the Tribunal on 11/07/2011. Registry is directed to transfer the file to Tribunal (supra) alongwith a copy of this order. No costs.

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K.Khatri/p2/
3964CW2006May4DspCAT-BSNL.doc

Raman Lal Pande v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

Raman Lal Pande v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

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