Senior Panel Counsel (Central Government) appearing on behalf of the respondents had raised a contention regarding maintainability of this writ petition on the basis that the jurisdiction is vested with the Central Administrative Tribunal (CAT), because the pensioner was a civilian in the Military Engineering Service.
2. Learned counsel appearing for the petitioner is not in a position to dispute the above version. Confronted with the above situation, learned counsel for the petitioner had sought permission to withdraw this writ petition with liberty reserved to approach the CAT. He further sought for a direction from this court to the CAT to entertain application, if any filed within a stipulated time.
3. Having considered the fact that the writ petition was admitted as early as in the year 2009 and it was kept W.P.(c) No. 3264/2009 -2-
pending before this court till today, it is left open to the petitioner to approach the Tribunal seeking condonation of delay on that ground. Needless to observe that the Tribunal shall consider that the petitioner was bonafidely prosecuting the matter before this court, while deciding the question regarding condonation of delay.
4. The writ petition is dismissed as withdrawn, subject to observations contained herein above.
AMG Sd/-
C.K. ABDUL REHIM JUDGE True copy P.A. to Judge