Sujit Kumar Singh vs The State of Bihar and Others

Heard learned Counsel appearing on behalf of the Petitioner and the State.

The Petitioner, who is a member of Indian Forest Service being Conservator of Forest, Social Forestry Circle, Hazaribagh, has in the present writ application, challenged the order of his transfer dated 2.7.1990 passed by the Bihar Government contained in Annexure-18 to the writ application, by which the Petitioner has been transferred from Hazaribagh to Ranchi.

Learned Counsel appearing on behalf of the State as well as Respondent No. 6 have raised a preliminary objection to the maintainability of this writ application. It has been submitted on their behalf that admittedly the Petitioner as well as Respondent No. 6 are members of Indian Forest Service which is All India Services, as such, the impugned order of transfer could have been challenged only before the Central Administrative Tribunal as required u/s 14 of the Administrative Tribunals Act, 1965 (Act 13 of 1985) (hereinafter to be referred to as ''the Act'') and the jurisdiction of this Court to entertain the writ application has been ousted in view of the provisions engrafted u/s 28 of the Act. Learned counsel appearing on behalf of the Petitioner submitted that the case of transfer will not come within the jurisdiction of the Tribunal as such the preliminary objection has no legs to stand.

For appreciating the point in issue, it will be useful to quote the provisions of Sections 14(1)3(q) and 28 of the Act, which run thus:

Section 14(1)--Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall exercise, on and from the appointed day, all the jurisdiction powers and authority exercisable immediately before that day by all courts (except the Supreme Court) in relation to:

(a) recruitment, and matters concerning recruitment, to any all India Service, or to any civil service of the Union or a civil post under the Union or to a post connected with defence or in the defence services being, in either case, post filled by a civilian,

all service matters concerning.

(i) a member of any All India Services; or

(ii) a person not being a member of an All India service or a person referred to in clause (c) appointed to any civil service of the Union or any civil post under the Union; or

(iii) a civilian not being a member of an All India Service or a person referred to in clause (c) appointed to any defence service or a post connected with defence,

and pertaining to the service of such members of persons or civilian, in connection with the affairs of the Union or any State or of any local or other authority within the territory of India or under the control of the Government of India or of any Corporation (or society) owned or controlled by the Government,

all service matters pertaining to service in connection with the affairs of the Union concerning a person appointed to any service or post retorted to in Sub-clause (ii) or Sub-clause (iii) of clause (b), being a person whose service have been placed by a State Government or any local or other authority or any Corporation (or society) or other body, at the disposal of the Central Government for such appointment.

Explanation-For the removal of doubts it is hereby declared that reference to "Union" in this sub-section shall be construed as including references also to a Union Territory.

Section 3. It. this Act, unless the context otherwise requires:

(a)"Service matters", in relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the Union or of any local other authority within the territory of India or under the control of the Government of India, or as the case may be, of any Corporation (or Society) owned or controlled by the Government, as respect:

(i) remuneration (including allowances), pension and other retirement benefits;

(ii) tenure including confirmation, seniority, promotion, Revision, premature retirement and superannuation;

(iii) leave of any kind;

(iv) disciplinary matters; or

(v) any other matter whatsoever.

Section 28. On and from the date from which any jurisdiction, powers and authority becomes exercisable under the Act by a Tribunal in relation to recruitment and matters concerning recruitment to any service or post or service matters concerning members of any service or persons appointed to any service or post, no Court except:

(a) the Supreme Court; or

(b) any Industrial Tribunal, Labour Court or other authority constituted under the Industrial Disputes Act, 1947(14 of 1947), or any other corresponding law for the time being in force shall have, or be entitled to exercise any jurisdiction, powers or authority in relation to such recruitment or matters concerning such recruitment or such service matters.

(Emphasis added)

Section 14 (1)(b) lays down that Central Administrative Tribunal shall have jurisdiction to decide all service matters concerning a number of All India Service Section 3(q) of the Act defines the service matter to be matters relating to conditions of services in regard to remuneration, pension and other retirement benefits, continuation, seniority, promotion, Revision, premature retirement and superannuation, leave of any kind and disciplinary matters as enumerated in clauses (i) to (iv) of Section 3(q). Clause (v) of Section 3 (q) applies in relation to any other matter whatsoever which does not come within the (sic) Clauses (i) to (iv) referred to above. The (sic) any other matter whatsoever is very (sic) and since transfer does not come (sic) (sic) (i) to (iv), it would unhesitatingly be covered by clause (v). This being the position, we hold that transfer is a service matter within the meaning of the Act, as such, the present writ application cannot be entertained by this Court.

Accordingly, we hold that this writ applications not maintainable and the same is dismissed us such. Since the writ application has been disposed of, it is needless to say that the (sic) order passed by this Court on 16.8.1980 stands automatically vacated.