JUDGMENT The Court : By consent of parties this Writ Petition is treated as on day's list and is taken up for disposal. The Writ Petitioner is a Senior Accounts Officer (I.T.), Berhampur in the Office of the Telecom District Manager, Berhampur Telecom District, Berhampur (W.B.). 2. By the impugned order dated March 1, 2001 the Central Administrative Tribunal (“the Tribunal” for short) disposed of the petitioner's application holding as follows : “Bharat Sanchar Nigam Limited is definitely a corporate body under the Government of India as such Government within the meaning of Article 12 of the Constitution. But that has not been notified till today and therefore this Court has no jurisdiction to entertain such petition.” 3. We find that by an earlier order dated February 12, 2001 a learned Single Judge of this Court dismissed the Writ Application being W.P. 1423 (W) of 2001 praying for similar reliefs as sought for before the Tribunal. But the said Writ Petition was dismissed by this Court giving liberty to the petitioner to file an appropriate application before the Tribunal. It was specifically observed by the Court in the said Writ Petition that on behalf of the respondent it was submitted that the petitioner had been an employee of the Union of India as he had not been absorbed in the Bharat Sanchar Nigam Limited. 4. Referring to the Office Memorandum dated September 30, 2000 issued by the Department of Telecommunication Services. Ministry of Communications, Government of India, it is brought to our notice by the learned Counsel, appearing for the petitioner, that the Officers and staff shall continue to be subject to all rules and regulations as are applicable to Government servants, including the CCS (CCA) Rules till such time as they are absorbed finally by the Company after they exercise their options. Their pay scales, salaries and allowances will continue to be governed by the existing rules, regulations and orders. 5. There being nothing on record to show that the petitioner has been absorbed in the Bharat Sanchar Nigam Limited and it being the specific case of the petitioner that he has not given any option as no option has been called for by the Department, the petitioner is to seek redressal of his grievances before the Tribunal as an employee of the Central Government. 6. Mrs.
6. Mrs. Sengupta concedes that the petitioner still continues to be an employee of the Central Government. Thus considering the earlier order of this Court in W.P. No. 1423 (W) of 2001 to which we have already referred and considering the Office Memorandum dated September 30, 2000 issued by the Government of India, Ministry of Communications, Department of' Telecommunication Services, we are satisfied that the Tribunal was not justified in holding that it had no jurisdiction to entertain the petition filed by the Writ Petitioner herein, on the ground as stated in the impugned order. We, therefore, hold that the Tribunal has jurisdiction to entertain the application which was filed before it by the Writ Petitioner who continues to be an employee of the Union of India. 7. The Writ Petition is accordingly allowed and the impugned order dated March 1, 2001 passed by the Tribunal is set aside. Let the application being O.A. 198 of 2001 be heard by the Tribunal on merits. No order as to costs. Urgent xeroxed certified copies be given to the parties, if applied for. Tarun Chatterjee, J. Hrishikesh Banerji, J. Writ petition allowed.