RAJENDRA SINGH YADAV Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Special leave granted.

(2.) This bunch of cases either by special leave or under Article 32 of the Constitution is by a set of Lekhpals serving in the State of Uttar pradesh whose services have been terminated. Their writ petitions to the high court have not been entertained on the ground that alternate relief is available before the U. P. Public Services tribunals set up under U. P. Act 17 of 1976. In the Civilarising out of Special Leave Petition no. 8826 of 1982 the High court examined the question at length as to whether the jurisdiction of the High court has been taken away by the setting up of the Services tribunal under the U. P. Act. We have heard counsel for the parties at some length as apart from this group of cases, some other cases involving the same question have also been heard and those matters have been disposed of excepting this bunch. On merit, we are of the view that the decisions of the High court should be vacated and in each case the dispute shall stand transferred to the Services tribunal for disposal in accordance with law. The tribunal shall dispose of these cases within six-months from the date of the receipt of this order.

(3.) We are of the view, as we have already indicated elsewhere, that the Services tribunal set up under the U. P. Act 17 of 1976 should be withdrawn and an appropriate tribunal under the Administrative tribunals Act, 1985 should be set up. Such a tribunal if constituted would be in accord with the service jurisprudence which is developing. Several States have already constituted such tribunals under the Central act.