Jharkhand High Court
Harendra Kumar Ram vs The Chief General Manager on 8 October, 2021
[1]
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No.495 of 2019
Harendra Kumar Ram, aged about 28 years, son of Late Ram Pukar
Ram, resident of Bimwa Ke Mathia, P.O. Bimwa, P.S. Jagdishpur,
District Bhojpr, Bihar
... ... Petitioner/Appellant
Versus
1. The Chief General Manager, Bharat Sanchar Nigam Limited, Main
Road, P.O. G.P.O., P.S. Sadar, District-Ranchi (Jharkhand).
2. A.G.M. (H.R.), C.G.M.T. Ranchi, Bharat Sanchar Nigam Limited,
P.O. G.P.O., P.S. Sadar, District-Ranchi.
3. Additional Director (Recruitment), Bharat Sanchar Nigam Limited,
Ranchi Circle, Main Road, P.O. G.P.O., P.S. Sadar, District-Ranchi.
4. Divisional Engineer (A&P), Bharat Sanchar Nigam Limited,
Dumka, P.O., P.S. and District-Dumka.
5. The Sub Divisional Engineer, Bharat Sanchar Nigam Limited,
Pakur, P.O. and P.S. Pakur, District-Pakur.
...... Respondents /Respondents
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE AMBUJ NATH
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For the Appellant : Mr. Shubham Mishra, Advocate
For the Respondents : Mr. Prabhat Kr. Sinha, Advocate
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06/Dated 08th October, 2021
1. Admittedly the writ petition under Article 226 has been filed for
quashing the order passed by the Bharat Sanchar Nigam Limited
(BSNL) by which the claim of the writ petitioner for appointment on
compassionate appointment has been rejected by the concerned
respondent.
[2]
2. It has been informed to this Court by the learned counsel for the BSNL
that in view of the provision of Section 14 of the Central
Administrative Tribunal Act, 1985, jurisdiction has been conferred to
the Central Administrative Tribunal having its jurisdiction upon the
matter pertaining to recruitment or concerning the matter of
recruitment.
3. According to learned counsel since herein the claim of the writ
petitioner is for consideration of his case for appointment on
compassionate ground which pertains to concerning the matter of
recruitment under Bharat Sanchar Nigam Limited which has been
brought within the purview of Central Administrative Tribunal,
therefore, jurisdiction lies before the Central Administrative Tribunal
having its jurisdiction, however, the learned Single Judge has taken
note of the fact at paragraph-3 of the impugned judgment.
4. Mr. Shubham Mishra, learned counsel for the writ petitioner has
submitted that he may be allowed to withdraw the instant intra-court
appeal to approach before the Central Administrative Tribunal having
its jurisdiction but the difficulty is that the learned Single Judge has
dismissed the writ petition on merit, therefore, he submits that he may
be allowed to withdraw the instant intra-court appeal with liberty to the
writ petitioner to file review application for recall of the impugned
judgment/order dated 17.06.2019 passed by the learned Single Judge in
W.P.(S) No.127 of 2011 as also for seeking liberty to approach before
the Central Administrative Tribunal having its jurisdiction.
5. No objection has been raised by the learned counsel for the BSNL.
[3]
6. This Court, therefore, without entering into the merit of the issue, is
allowing the aforesaid liberty to the writ petitioner. Accordingly, the
instant appeal is dismissed as withdrawn with the aforesaid liberty.
(Sujit Narayan Prasad, J.)
(Ambuj Nath, J.)
Saurabh/Rohit/
