Shivaji Kalba Shinde And Another v. The Chairman And Managing Director Bharat Sanchar Nigam Ltd And Others

*1* 6wp3735o21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3735 OF 2021 SHIVAJI KALBA SHINDE AND ANOTHER

VERSUS

THE CHAIRMAN AND MANAGING DIRECTOR BHARAT SANCHAR NIGAM LTD AND OTHERS ...

Advocate for the Petitioners : Shri Mohsin Khan ASGI for the Respondents/ UoI : Shri A.G. Talhar ...

CORAM : RAVINDRA V. GHUGE & S.G. DIGE, JJ.

DATE :- 02nd May, 2022 Per Court :- 1.

On 19.04.2022, we had passed the following order :- "1.

None for the petitioners, though urgent circulation was granted.

2.

The learned ASG points out a notification dated 31st October, 2008 issued by the Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), vide which the employees of the Bharat Sanchar Nigam Limited can approach the Central Administrative Tribunal.

3.

We find from the pleadings in the petition as well as the synopsis that the petitioners have not disclosed their service status. From the document at page 35, it appears that their designation is SDE. 4.

Stand over to 2nd May, 2022 for passing orders." 2.

The learned advocate for the petitioners submits that the respondent/ BSNL has not stood by the promise given to the

*2* 6wp3735o21 petitioners. False promises are given and the petitioners find themselves aggrieved by the acts of the BSNL. 3.

We find that the issues being raised by the petitioners in this petition can be considered by the learned Central Administrative Tribunal. The learned ASGI representing the respondents submits that the petitioners can approach the learned Tribunal and the matter can be decided on it's merits as there would not be any issue of jurisdiction. 4.

In view of the above, the learned advocate for the petitioners submits, on instructions, that the petitioners would approach the learned Tribunal and time spent by them in this Court may be considered in the event of there being any delay. 5.

Considering the above, this Writ Petition is disposed off with liberty to the petitioners to approach the learned Central Administrative Tribunal. Time spent in this Court from 25.01.2021 till the passing of this order, would be a good ground for condonation of delay, if any.

kps (S.G. DIGE, J.) (RAVINDRA V. GHUGE, J.)