Neutral Citation No. - 2025:AHC-LKO:5170 Court No. - 5 Case :- WRIT - A No. - 2839 of 2023 Petitioner :- Shri Ravindra Pandey Respondent :- General Manager Telecommunication (Maintenance) And 3 Others Counsel for Petitioner :- Sanjay Misra,Mrs. Anju Raghuvansh,Neeranjan,Pratyush Mishra Counsel for Respondent :- Pratul Kumar Srivastava Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner and Shri Asit Kumar Chaturvedi, learned Senior Advocate assisted by Shri Pratul Kumar Srivastava, learned counsel for the respondents. 2. Under challenge is the order dated 22.03.2018 passed by the Bharat Sanchar Nigam Ltd. (BSNL), a copy of which is annexure 1 to the petition. 3. A preliminary objection has been taken by Shri Asit Chaturvdi, learned Senior counsel appearing on behalf of the respondents that keeping in view of law laid down by the Hon'ble Supreme Court in the case of L. Chandra Kumar vs. Union of India and Others 1997 (2) SCR 1186, as the order impugned has been passed by the BSNL which is notified under Section 14 of The Administrative Tribunals Act, 1985 (hereinafter referred to as "Act, 1985") before the Central Administrative Tribunal, the court of first instance would be the Central Administrative Tribunal and as such, the instant petition would not be maintainable before this Court. 4. Responding to that, learned counsel for the petitioner states that in fact he had earlier filed Original Application No.503 of 2009 in Re: Ravindra Kumar Pandey vs. Bharat Sanchar Nigam Ltd. before the learned Tribunal which had been decided vide judgment and order dated 30.01.20214. 5. After a series of litigations, which were entered into between the parties, ultimately the Division Bench of this Court in Special Appeal No.481 of 2007 in Re: Ravindra Kumar Pandey vs. Bharat Sanchar Nigam and 8 Others passed a judgment and order dated 15.02.2016, a copy of which is annexure 2 to the petition, whereby the order passed by the writ Court was set aside and the respondents were directed to grant consequential benefits to the appellant (petitioner herein) in accordance with law. 6. When the petitioner was unsuccessful in two contempt petitions that had been filed by him and the order impugned dated 22.03.2018 was passed by the BSNL, he was constrained to file a recall application before the learned Tribunal praying for recall of the judgment and order dated 30.01.2014. 7. The learned Tribunal, vide judgment and order dated 19.07.2022, a copy of which is annexure 4 to the supplementary affidavit dated 19.04.2023, has rejected the recall application on the ground that the issue has been considered threadbare by the Division Bench of this Court vide judgment and order dated 15.02.2016 and in case any order has been passed by the respondents on the basis of the judgment rendered by the Division Bench, consequently, the learned Tribunal would not be able to consider the said order. 8. Based on the aforesaid observations made by the learned Tribunal in its aforesaid order, the instant petition has been filed. 9. The Hon'ble Supreme Court in the case of L. Chandra Kumar (supra) has held that the Court of first instance for a central government employee would be the Central Administrative Tribunal. 10. Once an order dated 22.03.2018 has been passed by the BSNL and the same is admittedly notified before the learned Tribunal under Section 14 of the Act, 1985, consequently, keeping in view of the law laid down by the Hon'ble Supreme Court in the case of L. Chandra Kumar (supra), the instant petition would not be maintainable before this Court at the first instance and thus, the writ petition deserves to be dismissed on this ground alone. 11. So far as the order of the learned Tribunal dated 19.07.2022 is concerned, the learned Tribunal appears to have failed to consider the law laid down by the Hon'ble Supreme Court in the case of L. Chandra Kumar (supra). However, it is not for this Court to see as to whether the order passed by the learned Tribunal is legal or not inasmuch as, the petitioner has an efficacious remedy of challenging the order passed by the learned Tribunal on whatever grounds are available to him before the appropriate Court. 12. Keeping in view of the aforesaid discussion, the writ petition is dismissed. Order Date :- 27.1.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench