S. B. Sinha, J.

1. These two writ petitions filed by the two practicing Advocates of this court, inter alia, involve the question as to whether the Bihar Administrative Tribunal Act, 1981 , is ultra vires the Constitution of India or not.

2. The said Act was enacted for creating an alternative forum for adjudication of disputes relating to service matters concerning officers and other employees of the Bihar Government. The said Act applies to the following matters : -

(a) Appointment, (b) Promotion to any post, (c) Seniority of persons appointed/promoted and, (d) All other conditions of service excluding transfer and posting.

3. However, in terms of Sec.6 (2) of the Bihar Administrative Tribunal act, 1981 (hereinafter called for the sake of brevity as the Act), the matters relating to the orders of dismissal and removal or reduction in rank of the employees which come within the purview of clauses (a), (b) and (c) of proviso to Article 311 (2) of the Constitution have also been taken away from the purview of the provisions of the Act.

4. The contention of the petitioners is that the said Act having been enacted in terms of Article 323-A of the Constitution of India does not