RAJASHEKHAR Vs. DEPUTY COMMISSIONER DHARWAD

JUDGEMENT

(1.) The petitioner, who was employed by the State Government under the Stipendary Employment Scheme for unemployed graduates has presented this petition praying for the issue of a writ of mandamus to the respondents to pay his salary for the period commencing from 1-1-1986 to 9-10-1986.

(2.) The subject matter of the writ petition being a service matter in connection with the affairs of the State Government, the matter lies squarely within the jurisdiction of the Karnataka Administrative Tribunal established under the provisions of the Administrative Tribunals Act, 1985. In view of Section 29 of the Act read with Clause (d) of Art. 323-A(2) of the Constitution of India, the jurisdiction of this Court under Article 226 of the Constitution is totally barred in respect of service matters. (See : Sampath Kumar v. Union of India, A.I.R. 1987 S.C. 386, & S. M. Patnaik v. Secretary, Govt. of India, ILR 1986 Kar. 3954). The learned Counsel for the petitioner submitted that the petitioner had presented an application before the Karnataka Administrative Tribunal and the Tribunal had taken the view that the petitioner was not a member of the civil service and therefore the Administrative Tribunal has no jurisdiction.

(3.) The learned Counsel submitted that as the Administrative Tribunal has held that it has no jurisdiction, it automatically follows that this Court has jurisdiction.