The main legal point established in the judgment is the interpretation of 'service matters' and the jurisdiction of the Administrative Tribunals Act, emphasizing the limitations on the Tribunal's jurisdiction and the applicability of civil court jurisdiction in cases of tortious liability.

( 1 ) THIS appeal by the plaintiff is against an order of the sub-judge, 1st class, returning his plaint fix presentation to a proper court, which would mean the Central Administrative Tribunal (for short the Tribunal ).

( 2 ) THE plaintiff on 19-9-86 instituted a suit against the respondent-defendant. Union of India, through the Secretary Ministry of Health and Family Welfare, for recovery of Rs. 25,0001- because of certain tortious act of the defendant. On that account he alleged mental torture, loss of reputation- loss suffered by him on being lowered in the estimation of his colleagues and the loss suffered by him in defending certain disciplinary proceedings. The plaintiff had, in fact. assesses his damages at Rs. 1,00,000. 00 but claimed only Rs 25,000. 00 Plaintiff said he was an eve surgeon of renown and retired from Govemment service on 31-10-80. Re was to be paid his retirement benefits in the first week of November, 1980, but these were paid only on 29-10-81, The plaintiff, therefoer filed a suit on 5-2-82 for Rs. 10,000. 00 agnst the defendant on account of loss of interest suffered by him because of late payment. He said that in this suit the defendant pleaded that because of certain disciplinary proceedings against the plaintiff initiated under Rule 9 (2) (a) of CSS Rules, 1972. he could not be paid his retirement dues. He said that this was a flase plea and this lowered him in the estimation of his collegues and friends. Then the plaint set out nature of disciplinary proceedings starting with a charge shet served on the plaintiff on 31-3-83 and his ultimate exoneration. The plaintiff said that the chargesheet was issued to him maliciously with the sole intention of defaming him. Thus, in brief the claim of the pontiff for damages.

( 3 ) THE defendant filed an application under Order 7, Rules 10 and 11 and Section 151 of the Code of Civil Procedure (for short the Code ) praying that the plaint be rejected or returned to be presented to a proper court. It was said that the departmental inquiry, which was the basis of the suit, was held for an act of omission by the plaintiff, he being a government servant while in service according to the law and the rules, it. was further stated that the suit was not triable by a civil court as it related to service conditions of the plaintiff and could be tried only by the Tribunal. This application was allowed and so the appeal.

( 4 ) THE Tribunal was constituted by the Admimstrative Tribunals Act, 1985 (for short the Act ). The preamble of the Act reads as under :-

"an Act to provide for the adjudication or trial by Administrative Tribunals of disputes and the complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of (any corporation or society owned or controlled by the Government in pursuance of Article 323-A of the Constitution) and for matters connected therewide or incidental thereto. "

SECTION 3 (q) defines "service matters" in relation to a person, to mean all matters relating to the conditions of his service. . . . . . . . . . . . . . . . . . . . . . . as respects - -

(I) remuneration (including; allowances), pension and other retirement benefits;

(II) tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation :

(III) Leave of any kind ;

(IV) disciplinary matters ; or

(V) any other matter whatsoever: There cannot be any dispute that the claim in the present suit would not fall under any of the Clauses (i) to (iv ). Thc question is if it falls under clause (v), i. e. "any other matter whatsoever". For this purpose reference will have to be made to certain provisions, ot the Act. Relevant would be Section 14 relating to jurisdiction, powers and authority of the Tribunal. Sections