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1998 Supreme(SC) 1218

G.B.PATTANAIK, SUJATA V.MANOHAR
Union Of India – Appellant
Versus
Chotelal – Respondent


Judgment

Pattanaik, J.-This appeal by Union of India is directed against the order of the Central Administrative Tribunal Bombay Bench, Bombay, dated 9.1.1994. The short question that arises for consideration is whether Dhobis appointed to wash the clothes of the cadets at NDA, Khadakwasla and are paid from the fund called ‘Regi­mental Fund’ can be said to be holders of civil post so as to confer jurisdiction on the Central Administrative Tribunal for issuing any direction in relation to their service conditions? The Tribunal by the impugned judgment came to the conclusion that the ‘regimental fund’ from out of which Dhobis are paid their salaries gets covered by both the Consolidated fund of India through the grants-in-aid as it is paid to the institutions under the military which have to be funded and set up to ensure the various activities including social and welfare activities. It further held that Regimental funds are controlled and audited by the Controller and Auditor General of Defence Account alongwith other Public Accounts of the Government and as such the posts of Dhobis are civilian posts connected with Defence conferring jurisdiction on the Tribunal to redress the grie













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