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1986 Supreme(Kar) 373

M.RAMA JOIS
S. M. PATTANAIK – Appellant
Versus
SECRETARY TO GOVERNMENT OF INDIA – Respondent


( 1 ) IN this Writ Petition in which the petitioner, a member of the Indian Administrative Service (IAS for short), has questioned the constitutional validity of Clauses (b) and (c) of the proviso to rule 5 (a) of the Indian Administrative Service (Pay) Rules, 1954, ('the Rules' for short), the following question of law arises for consideration :

"whether on the coming into force of the Administrative Tribunals Act, 1985 ('the Act' for short) and the establishment of the Central Administrative Tribunal, the jurisdiction of the High court under Article 226 of the Constitution of India to retain or entertain petitions presented under that Article before it, challenging the constitutional validity of any law regulating recruitment and conditions of persons appointed to public services and posts in connection with the affairs of the Union, and decide such petitions stood excluded and got vested in the Central administrative Tribunal ?"

( 2 ) THE facts of the case, in brief, are as follows :

(i) The petitioner is a member of the Indian Administrative Service, borne on the Karnataka cadre. By order dated 8th March, 1982 of the State Government, he was appointed as the commissioner of the



































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