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2023 Supreme(SC) 249

D. Y. CHANDRACHUD, HIMA KOHLI
Orissa Administrative Tribunal Bar Association – Appellant
Versus
Union of India – Respondent


Judgement Key Points

Yes, the judgment addresses the early or speedy disposal of service matters as a core purpose of establishing State Administrative Tribunals (SATs) like the Odisha Administrative Tribunal (OAT), and evaluates whether that purpose was fulfilled post certain judicial developments.

Key points related to early disposal of service matters:

  • Original purpose of SATs: SATs were created to provide speedy relief in service matters (recruitment, conditions of service, etc.), reducing court backlogs and enabling faster resolution of grievances by government employees. (!) (!)

  • Impact of judicial ruling: A 1997 Supreme Court decision introduced an additional tier of litigation (High Court review after SAT), defeating the speedy justice objective and rendering SATs less effective for quick disposal. This was a primary rationale for Odisha's request to abolish the OAT. (!) (!) (!) (!) (!)

  • OAT's performance data: In 2014, OAT had 47,619 pending cases at year-start; 13,823 new cases filed but only 7,417 disposed, increasing pendency to 54,334. The State deemed this unsatisfactory for speedy decisions. (!)

  • State's policy evaluation: Abolition was justified as the OAT no longer served speedy redressal due to multi-tier litigation, high costs, and low disposal rates; cases reverted to High Court without denying remedies. (!) (!) (!)

  • No violation of access to justice: High Court (with virtual benches) ensures continued speedy adjudication access, negating claims of prejudice to early disposal. (!) (!)

The Supreme Court upheld abolition, finding the decision rational and non-arbitrary, as speedy disposal remains achievable via High Courts. [p_128b][p_128e]


JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, CJI.

Table of Contents

A.

Background

i.

Factual background

ii.

The impugned judgment

B.

Submissions

C.

Issues

D.

Analysis

i.

An overview of the proceedings arising from the abolition of the Madhya Pradesh Administrative Tribunal and the Tamil Nadu Administrative Tribunal

a.

The abolition of the MPAT

b.

The abolition of the TNAT

ii.

The Writ Petitions instituted before the Orissa High Court were maintainable

iii.

Article 323-A does not preclude the Union Government from abolishing SATs

iv.

Applicability of Section 21 of the GENERAL CLAUSES ACT

a.

There is no bar to the applicability of Section 21 of the GENERAL CLAUSES ACT to the administrative order establishing the OAT

b.

Section 21 of the GENERAL CLAUSES ACT is otherwise applicable to the Administrative Tribunals Act

v.

The notification dated 2 August 2019 is not violative of Article 14 of the Constitution

a.

The notification dated 2 August 2019 is not absurd or based on irrelevant


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