JUDGMENT

HANSARIA, J.:—The only point for decision in these petitions under Article 32 of the Constitution is whether the Central Administrative Tribunal (hereinafter the Tribunal) has jurisdiction to adjudicate the matter relating to the promotion of the two petitioners. The Tribunal having been established under the Administrative Tribunals Act, 1985 would have no jurisdiction if the petitioners be members of "armed forces of the Union", because of what has been stated in Section 2(a) of this Act. The point for determination, therefore, is whether the two petitioners, who at the relevant time were Lower Division Clerks, can be said to be member of the armed forces" or they have to be taken as "civilians".

2. The two petitioners having been appointed as clerks of the Indo-Tibetan Border Police Force, the submission of Shri Mohanty, appearing for the petitioners, is that as this police force is an "armed force of the Union", the incumbents have to be taken as members of this Force, because of the definition of this expression as given in Section 2(1)(p) of the Indo-Tibetan Border Police Force Act, 1992, for short, the Act. This submission is countered by Shri Vaje, appearing for the