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SUPREME COURT OF INDIA
DIPAK MISRA, UDAY UMESH LALIT, JJ.
Mohammed Ansari – Appellant
Versus
Union of India & Ors. – Respondents
CIVIL APPEAL NO. 10131 OF 2016 [Arising out of SLP(C) NO. 31556 OF 2013]
Decided On : 02-02-2017
(1983) 3 SCC 401; S.L.P. (C) No. 8096 of 1995; (2001) 3 SCC 414 – Relied upon
(b) Service law – Armed Forces – SRO 329 issued under Section 4(1), Army Act, 1950 r/w Section 2(a) and 3(q), Administrative Tribunals Act, 1985 – Members of GREF adjudicated to belong to Armed Forces – Cannot agitate their grievances before Central Administrative Tribunal – However, they can do so before High Court under Article 226. (Para 13, 18)
(c) Service law – Armed Forces – GREF – Army Act, 1950 – CCS (CCA) Rules 1965 – Armed Forces Tribunal Act, 2007 – Members of GREF can be proceeded against both under Act, 1950 and Rules 1965 – For grievance against action under Act, 1950 GREF members can approach AFT, and – For grievance against action under Rules 1965 remedy lies before CAT. (Para 33)
(2014) 7 SCC 303 – Relied upon
(2000) 1 SCC 644; (1993) 2 SCC 458 – Referred
Facts of the case:
The appellant appointed as an Assistant Executive Engineer (E&M) in Border Roads Engineering Services (BRES), promoted to the post of Executive Engineer (E&M) and thereafter promoted to the grade of Superintending Engineer (E&M) in General Reserve Engineering Force (GREF) of Border Roads Organization, even after completion of more than requisite years of service was not granted non-functional financial upgradation for officers of Organised Group A.
He made representation to the concerned authorities but the same were turned down on the ground that he had not fulfilled the stipulated command posting of two years.
The appellant preferred Original Application before the Central Administrative Tribunal, Guwahati Bench, Guwahati.
The tribunal decided the issue in favour of the appellant.
The High Court held that the application before the Tribunal was not maintainable.
Finding of the Court:
High Court rightly decided the issue.
Result: Appeal dismissed.
JUDGMENT
Dipak Misra, J.
The appellant was appointed as an Assistant Executive Engineer (E&M) vide order dated 03.06.1985 in Border Roads Engineering Services (BRES) by the competent authority of the Government of India, Ministry of Shipping and Transport. In due course, he was promoted to the post of Executive Engineer (E&M) on 30.05.1997 and thereafter promoted to the grade of Superintending Engineer (E&M) in General Reserve Engineering Force (GREF) of Border Roads Organization in the pay scale of Rs.12000-375-16500/-with effect from the date he assumes the charge of the post. The appellant after completion of more than requisite years of service was not granted non-functional financial upgradation for officers of Organised Group A and that compelled him to make representation to the concerned authorities but the same were turned down on the ground that he had not fulfilled the stipulated command posting of two years. Being aggrieved by the said communication, the appellant preferred Original Application No. 102 of 2012 before the Central Administrative Tribunal, Guwahati Bench, Guwahati.
2. The respondent filed a preliminary objection regarding jurisdiction of the tribunal. The tribunal decided the issue in favour of the appellant vide order dated 18.06.2012. The tribunal referred to its own decision in Ramkali Mishra & Ors. v. Union of India passed by the Lucknow Bench wherein it has been held as follows:-
“9. From what has been discussed above, the applicant, who is a directly recruited personnel of G.R.E.F., is governed by Rules of 1965 except for those rights which are restricted by S.R.O. 329 as amended by SRO 364 and 330 issued under section 4 of the Act of 1950 and read with Article 33 of the Constitution of India, in view of this, this Tribunal has jurisdiction to entertain the present O.A. filed against the order of removal passed against the applicant under Rules of 1965.”
Being of this view the tribunal opined that it has jurisdiction to entertain the original application.
3. Dissatisfied with the order of the tribunal, the respondents preferred W.P. (C) No. 4074 of 2012 seeking quashment of the order passed by the tribunal. The High Court by the impugned order dated 2.8.2013 posed the following question:-
“Whether a member of the GREF can be regarded as member of Armed Forces, for, such a member, if regarded, in law, as a member of the Armed Forces, then, would the provisions, embodied in the Administrative Tribunals Act, 1985, not be available to such a member?
4. The High Court referred to the Constitution Bench decision in R. Viswan & Ors. v. Union of India & Ors, (1983) 3 SCC 401 reproduced various passages from the said authority and also the order passed in S.L.P. (C) No. 8096 of 1995 (Union of India v. Smt. Vidyawati) and came to hold as follows:-
“In the light of the decision, reached by the Supreme Court, in Vidyawati’s case (supra), one can have no escape from the conclusion, and we do conclude, that as far as Central Administrative Tribunal is concerned, a member of the GREF is not covered, in the light of the decision in R. Viswan (supra) read with the decision in Vidyawati’s case (supra), by the provisions of the Administrative Tribunals Act, 1985, and, hence, a member of the GREF would be disentitled from invoking the jurisdiction of the Central Administrative Tribunal.”
5. Thereafter, the High Court addressed the issue whether a member of the GREF is covered by the provisions embodied in the Armed Forces Tribunal Act, 2007 (for brevity, “the 2007 Act”). The Court adverted to the provisions of the Army Act, 1950 (for short, “the 1950 Act”), the provisions contained in the 2007 Act, the Central Civil Services (Control, Classification and Appeal) Rules, 1965, the authority in Union of India & Ors. v. Sunil Kumar Sarkar, (2001) 3 SCC 414 and eventually arrived at the following conclusion:-
“32. What surfaces from the above discussion is that the present respondent, as a member of the GREF and a member of
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