KAVERAPPA Vs. DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) In these petitions presented by the members of the staff of the Subordinate Courts of this State, the following question of law arises for consideration :

(2.) Before going into the merits of these cases it is necessary to decide the following preliminary question regarding the jurisdiction of this Court to hear and decide these petitions : Whether the jurisdiction of this Court to entertain Writ Petitions preferred by the Officers and servants of the Subordinate Courts or members of the judicial service has been divested and vested in the State Administrative Tribunal constituted under Section 4 of the Administrative Tribunals Act, 1985 ? Though the Learned Counsel for the petitioners as also the Learned Counsel for the State submitted that the question should be answered in the negative, in view of its constitutional importance I consider it appropriate to record my reasons for doing so.

(3.) The Administrative Tribunals Act, 1985 (in short 'the Act') has been enacted by the Parliament pursuant to the authority given to it under Article 423-A of the Constitution of India. The Act provides for the constitution of an Administrative Tribunal for each State for adjudicating disputes and complaints of civil servants of the State. Accordingly, as provided under Section 4(2) of the Act, an Administrative Tribunal has been constituted for the State of Karnataka with effect from 6th October, 1986. Section 15 of the Act provides that the State Administrative Tribunals so constituted, on and from the appointed date shall exercise all the jurisdiction, powers, and authority exercisable immediately before that day by all Courts except the Supreme Court in relation to matters of recruitment and also service matters concerning a person appointed to any civil service or Civil post under the State concerned. Section 28 of the Act excludes the jurisdiction of all Courts except that of the Supreme Court and the Industrial Tribunals, in respect of matters which fall within the jurisdiction of the Administrative Tribunal. Section 29 of the Act provide for transfer of all matters which fall within the jurisdiction of the Tribunal, pending before any Court including this Court before the date of establishment of the Administrative Tribunal.