NAVODAYA VIDYALAYA SAMITI Vs. T C S NAIDU

JUDGEMENT

(1.) Leave granted.

(2.) On 5th November, 1999 while issuing notice this Court indicated why the case may not be remanded to the High Court for deciding the same on merits. Despite service of notice the respondent has not chosen to put in appearance. We, therefore, proceed with the case ex-parte.

(3.) The respondent herein filed a petition under Article 226 of the Constitution before the High Court of Judicature at Andhra Pradesh for issue of writ of mandamus to the appellant for giving him appointment w.e.f. 6th June, 1991 to the post of Assistant Director and consequential relief. The said writ petition was allowed on 17th November, 1998. The appellant thereafter filed an appeal against the aforesaid decision before the Division Bench of High Court. While the aforesaid appeal was pending, the Central Government by notification dated 17th December, 1998 issued under sub-section (2) of Section 14 of the Administrative Tribunals Act (hereinafter referred to as the Act) applied the provisions of the Act to the Society and statutory organisation owned or controlled by the Central Government and the appellant is one of such organisation which is owned and controlled by the Central Government. The Appellate Bench, in view of the aforesaid notification, transferred the appeal to be decided by the Central Administrative Tribunal. It is against this decision the appellant is in appeal before us.