- (1.) This writ petition has been filed: (i) to seek a writ, direction or order in the nature of certiorari for quashing the order dated 07.05.2009 passed by the Central Administrative Tribunal (hereinafter referred to as 'the CAT') in O. A. No. 199/2009 (ii) to seek a writ, direction or order in the nature of mandamus commanding the CAT to admit and decide the original application on merit after remanding the case to the CAT; (iii) to seek indulgence of the Court against the order passed by the CAT while flouting the order of the High Court dated March 3, 2009 and (iv) for issuance of a writ, direction or order as is deemed fit and proper in the facts and circumstances of the case.
(2.) It appears that the Petitioners filed an application dated 26.02.2009, supported by an affidavit, in a pending writ petition No. 520 (S/B) of 2007, praying therein that they be permitted to withdraw the writ petition with liberty to file an O.A. before the CAT to claim appropriate relief. A co- ordinate Division Bench of this Court, while considering the notification dated 31.10.2008 whereby the Bharat Sanchar Nigam Limited was notified under Section 14(2) of the Central Administrative Tribunal Act, 1985 with effect from 10.11.2008, passed an order on 03.03.2009 dismissing the writ petition on the ground that the Petitioners have an alternative and statutory remedy before the CAT and also directed that in case an original application is moved within two months from the date of order, the same shall be disposed of in accordance with law, on merits. The order of this Court, on reproduction, reads as under: Hon'ble U.K. Dhaon, J. Hon'ble Dr. Satish Chandra, J. Heard Sri R.C. Saxena, learned counsel for petitioners no.4,5,7 and 11 and Sri Asit Kumar Chaturvedi, learned counsel appearing on behalf of opposite parties no.2 and 3. Sri Asit Kumar Chaturvedi, learned counsel for opposite parties no.2 and 3 has placed before us a copy of the notification dated 31.10.2008 by which the Bharat Sanchar Nigam Limited has been notified under Section 14(2) of the Central Administrative Tribunal Act, 1985 with effect from 10.11.2008. Since the petitioners have an alternative and statutory remedy before the Central Administrative Tribunal against the opposite parties, the writ petition is dismissed on the ground of alternative remedy available to the petitioners. In case, an original application is moved within two months from today, the same shall be disposed of by the Central Administrative Tribunal, in accordance with law, on merits.
(3.) Accordingly, the Petitioners filed O.A. No. 199/2009 on 25.03.1999 before the CAT within the stipulated period in accordance with the liberty granted vide order dated 03.03.2009 by this Court alongwith a copy thereof. During the course of hearing, it appears that the Respondents took objection to the admission of O.A. praying not to grant without hearing them whereas the Petitioners insisted that in view of this Court's order dated 03.03.2009, it was to be heard on merit, and thus, there was no need to consider the objections raised by the Respondents. However, by an order dated March 30, 2009, the CAT held that it was necessary to provide opportunity of hearing to the respondents on the question of admission. Thereafter, the arguments of respondents were heard on 16.04.2009 and the CAT passed the order dated 07.05.2009 while holding that the O.A. was barred by limitation and declined to admit the O.A. for disposal on merits.;