By way of this petition, the petitioner has prayed to appoint the petitioner on any post including clerk or peon on compassionate ground in place of his deceased father Mohammad Hameed Ansari as per the qualification, policy existing at that relevant point of time.
This court issued notice vide order dated 17.01.2012. Pursuant to the same, Ms.Roopal R. Patel, learned advocate appears for the respondents and tenders affidavit-in-reply, which is taken on record.
Heard Mr.Sikander Saiyed, learned advocate for the petitioner, and Ms.Roopal R. Patle, learned advocate for the respondents.
As stated in the affidavit-in-reply as the petition is against Bharat Sanchar Nigam Ltd. (BSNL), as per the provisions of Section 29(2) of the Administrative Tribunals Act, 1985 (the Act) read with Notification dated 31.10.2008 issued by Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) and the respondent-organization viz. BSNL would be part of the Central Government and hence, the matter is required to be transferred to the Central Administrative Tribunal (CAT).
Mr.Saiyed, learned advocate for the petitioner, requests that as per the orders passed by this Court in identical matters, the present petition may be transferred to CAT.
Considering the above facts, the following order is passed:
In view of Notification dated 31.10.2008 issued by Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), especially item No.154 thereof which mentions "Bharat Sanchar Nigam Limited" and in view of the provisions of Section 29(2) of the Act, Registry is directed to transfer the present petition to CAT forthwith.
Petition stands disposed of. NOTICE discharged. There shall be no order as to costs.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Top