UNION OF INDIA Vs. INDU LAL

JUDGEMENT

(1.) Applications were filed under the Administrative Tribunals Act, 1985 by the respondents claiming parity between the Presenting Officer of the Junior Administrative Grade and the Law Assistants. The respondents claimed that they were designated as Presenting Officer in terms of Section 19(2) of the Railway Claims Tribunal Act, 1987 [hereinafter referred to as 'the Act'].

(2.) The Central Administrative Tribunal, Lucknow Bench [hereinafter referred to as 'the Tribunal'] enquired into the matter and in spite of resistance from the appellants' side held that all Law Assistants and Chief Law Assistants including the respondents were authorised to work as Presenting Officer; that a reading of Section 19(2) of the Act indicates that the Presenting Officer was equated with the legal practitioner; that the Junior Administrative Grade Officers also had the power to compound cases out of court and give direction about the conduct of the cases before the court: that they were performing duties entrusted to them and the applicants who were law graduates or having degree of Master of Law were not allowed to claim even the ordinary grade of a Gazetted Officer and they are placed in Group 'C' category; that they are entitled to the relief they have sought for and granted the same by giving the following directions:

(3.) Before we can consider the various aspects dealt with by the Tribunal, we may notice a few decisions which have bearing on the present matter.