Jayanthi Venkata Durga Nagamani, Wife Of Late Jayanthi v. Union Of India, Represented By Its Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND FIFTEEN

Present

Between:

Jayanthi Venkata Durga Nagamani, W/o. Late Jayanthi Veerabhadram, Aged about 42 years, Occ: Housewife, R/o.H.No.11-5-110, Road No.15, Sri Venkateswara Colony, Saroornagar, R.R. District.

.. Petitioner AND Union of India, Rep. by its Principal Secretary, South Black, New Delhi, Department of Telecommunications & 3 others .. Respondents The Court made the following:

ORDER:

The petitioner is seeking compassionate appointment on account of the demise of her husband. The husband of the petitioner was an employee of Bharat Sanchar Nigam Limited.

2. When the matter is taken up, learned Standing Counsel representing Bharat Sanchar Nigam Limited, Sri Devanand, submits that jurisdiction concerning the service matters of Bharat Sanchar Nigam Limited are now vested in the Central Administrative Tribunal and, therefore, the petitioner has to avail the remedy as available under the Administrative Tribunals Act, 1985, in the first instance.

3. Having regard to the fact that the jurisdiction to decide service matters of employees or any service matters concerning employment in Bharat Sanchar Nigam Limited is now vested in the Central Administrative Tribunal,

the petitioner has to invoke the jurisdiction of the said Tribunal. As held by Supreme Court in L. Chandra Kumar Vs. Union of India and others, Central Administrative Tribunal is the Court of first instance and only after availing such remedy, he can invoke the jurisdiction of this Court.

4. The Writ Petition is, accordingly, dismissed granting liberty to the petitioner to avail the remedy as available under the Administrative Tribunals Act, 1985. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________ P.NAVEEN RAO, J Date: 5th November, 2015 KL

Date: 5th November, 2015 KL