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1989 Supreme(HP) 116
High Court Of Himachal Pradesh
P.C.BALAKRISHNA,DEVINDER GUPTA
PIAR CHAND - Appellant
Versus
H.P.PUBLIC SERVICE COMMISSION - Respondent
Writ Petition Nos. 320 of 1989 and 319 of 1990
Decided On : 08/08/1989
For the appellant(s)/petitioner(s):S/Sri R. K. Bawa and Rajiv Sharma, Advocates. For the respondent(s):Shri D. K. Khanna and Shri C. B* Barowalia, Advocates.
SERVICE UNDER THE STATE PUBLIC SERVICE COMMISSION IS A CIVIL SERVICE OF THE STATE AND THE MEMBERS OF ITS STAFF ARE HOLDING CIVIL POSTS UNDER THE STATE. HENCE, DISPUTES RELATING TO RECRUITMENT AND CONDITIONS OF SERVICE OF THE STAFF OF THE H. P. PUBLIC SERVICE COMMISSION FALL EXCLUSIVELY WITHIN THE JURISDICTION OF THE STATE ADMINISTRATIVE TRIBUNAL AND THE JURISDICTION OF THE HIGH COURT IS TOTALLY EXCLUDED UNDER SECTION 28 OF THE ADMINISTRATIVE TRIBUNALS ACT.
Headnote:
ADMINISTRATIVE TRIBUNALS ACT - JURISDICTION - SERVICE UNDER PUBLIC SERVICE COMMISSION - CIVIL SERVICE OF THE STATE - WRIT PETITION - MAINTAINABILITY - SERVICE UNDER THE STATE PUBLIC SERVICE COMMISSION IS A CIVIL SERVICE OF THE STATE AND THE MEMBERS OF ITS STAFF ARE HOLDING CIVIL POSTS UNDER THE STATE. HENCE, DISPUTES RELATING TO RECRUITMENT AND CONDITIONS OF SERVICE OF THE STAFF OF THE H. P. PUBLIC SERVICE COMMISSION FALL EXCLUSIVELY WITHIN THE JURISDICTION OF THE STATE ADMINISTRATIVE TRIBUNAL AND THE JURISDICTION OF THE HIGH COURT IS TOTALLY EXCLUDED UNDER SECTION 28 OF THE ADMINISTRATIVE TRIBUNALS ACT.
Fact of the Case:
WRIT PETITIONS CHALLENGING THE SENIORITY ASSIGNED TO RESPONDENTS NOS 2 TO 4 IN THE CADRE OF ASSISTANTS IN SERVICE OF THE FIRST RESPONDENT AND THE APPOINTMENT OF THE THIRD RESPONDENT AS PERSONAL ASSISTANT TO THE SECRETARY OF THE FIRST RESPONDENT, H. P. PUBLIC SERVICE COMMISSION.
Finding of the Court:
SERVICE UNDER THE PUBLIC SERVICE COMMISSION IS A CIVIL SERVICE OF THE STATE AND THE MEMBERS OF ITS STAFF ARE HOLDING CIVIL POSTS UNDER THE STATE. DISPUTES RELATING TO RECRUITMENT AND CONDITIONS OF SERVICE OF THE STAFF OF THE H. P. PUBLIC SERVICE COMMISSION FALL EXCLUSIVELY WITHIN THE JURISDICTION OF THE STATE ADMINISTRATIVE TRIBUNAL AND THE JURISDICTION OF THE HIGH COURT IS TOTALLY EXCLUDED UNDER SECTION 28 OF THE ADMINISTRATIVE TRIBUNALS ACT.
Issues: WHETHER SERVICE UNDER THE STATE PUBLIC SERVICE COMMISSION IS A CIVIL SERVICE OF THE STATE.
Ratio Decidendi: THE STATE, REFERRED TO IN SECTION 15 OF THE ADMINISTRATIVE TRIBUNALS ACT, IS IN CONTRA DISTINCTION WITH THE UNION REFERRED TO IN SECTION 14 OF THE ACT. ARTICLE 323-A OF THE CONSTITUTION PROVIDES FOR PARLIAMENTARY LEGISLATION FOR THE ESTABLISHMENT OF ADMINISTRATIVE TRIBUNALS FOR ADJUDICATION OR TRIAL OF DISPUTES WITH RESPECT TO THE 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. THE STATE, REFERRED TO IN ARTICLE 323-A AND SECTION 15 OF THE ADMINISTRATIVE TRIBUNALS ACT CANNOT BE EQUATED WITH THE GOVERNMENT; THE GOVERNMENT BEING ONLY A LIMB OF THE STATE.
Final Decision: WRIT PETITIONS DISMISSED AS NOT MAINTAINABLE WITHOUT PREJUDICE TO THE RIGHTS OF THE PETITIONERS TO HAVE RECOURSE TO THE REMEDIES AVAILABLE TO THEM UNDER SECTION 15 OF THE ADMINISTRATIVE TRIBUNALS ACT.
P. C. Balakrishna Menon, C. J.—Writ Petition No. 319 of 1990 relates to the conditions of service of Class ill employees under the first respondent, the H. P, Public Service Commission. The petitioners ten in number have challenged the seniority assigned to respondents Nos 2 to 4 in the cedre of Assistants in service of the first respondent The petitioners in Writ Petition No 320 of i989 challenge the appointment of the third respondent as Personal Assistant to the Secretary of the first respondent, H. P. Public Service Commission. Both these writ petitions, therefore, relate to the recruitment and conditions of service of Class III employees under the first respondent.
2. In the affidavit-in-reply filed by the FL P. Public Service Commission in Writ Petition in 320 of 89, a preliminary objection is raised relating to the maintainability of these petitions before this court under Article 226 of the Constitution. The disputes raised, according to the first respondent, are exclusively within the jurisdiction of the State Administrative Tribunal established under section 4 (2) of the Administrative Tribunals Act, 1985 (for short the Act).
3. The Constitution 42nd amendment Act 1976 as introduced Part XIV-A in the Constitution providing for the establishment of Tribunals for adjudication or trial by tribunals of the disputes referred to therein. Article 323-A enables the Parliament by law to provide for the adjudication or trial by Administrative Tribunals of disputes and 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 owned or controlled by the Government. The State Administrative Tribunal is established under section 4 (2) of the Act passed by the Parliament in pursuance to the provisions contained in Article 323-A of the Constitution.
4. Sub-section (1) of section 15 of the Administrative Tribunals Act, 1985 is extracted below: "(1) Save as otherwise expressly provided in this Act, the Administrative Tribunal for a State shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court under Article 136 of the Constitution) in relation to : (a) recruitment, and matters concerning recruitment, to any civil service of the State or to any civil post under the State ; (b) ail service matters concerning a person (not being a person referred to in Clause (c) of this sub-section or a member, person or civilian referred to in Clause (b) of sub-section (i) of section 14) appointed to any civil service of the State or any civil post under the State and pertaining to the service of such person in connection with the affairs of the State or of any local or other authority under the control of the State Government or of any Corporation owned or controlled by the State Government: (c) all service matters pertaining to service in connection with the affairs of the State concerning a person appointed to any service or post referred to in Clause (b), being a person whose services have been placed by any such local or other authority or Corporation or other body as is controlled or owned by the State Government at the disposal of the State Government for such appointment."
5. According to the petitioners, service under the State Public Service Commission is neither civil service of the State nor does it relate to any civil post under the State It does not, according to the petitioners, also pertain to the services in connection with the affairs of the State,
6. We find it difficult to accept these submissions
7. The State, referred to in section 15of the Administrative Tribunals Act, is in contra distinction with the Union referred to in section 14 of the Act. Article 323-A of the Con
