CHIEF SECRETARY Vs. N SREEDHARA MURTHY

JUDGEMENT

(1.) Does a pending suit in a Court in the State of Karnataka, wherein the claims are that the plaintiff is a civil servant of the Government of Karnataka and that the Karnataka Government should be directed to retire and relieve the plaintiff from its service and give him the benefits of his Government service, stand transferred under Section 28 of the Administrative Tribunals Act, 1985 (for short 'the Central Act') on the establishment of the Karnataka Administrative Tribunal (for short 'the Tribunal') under that Act, is a question which arises for decision in this civil revision petition.

(2.) The respondent here was the plaintiff in a suit, O.S. No. 71/85, on the file of the Court of Munsiff at Harihar. The plaintiff claimed in that suit a declaration that he was a servant of the Government of Karnataka and that he should be retired by the Karnataka Government from its service and given the benefits of his service. The plaintiff's claim for the declaration that he was a servant of the Government of Karnataka is based on the allegation in the plaint that he was recruited and appointed as a V.G.D. Inspector on 14-10-1954 and that he had become a civil servant in the Revenue Department of the Government of Mysore and he had served as such even in the present Government of Karnataka, the successor Government. His further claim for a direction to the Karnataka Government to retire him from its service and give him the benefits of his Government service, is based on the allegation in the plaint that though he attained the age of superannuation while in the service of the Karnataka Government in the year 1970, he has not been retired and relieved from the Government service and he has not been given the service benefits despite several demands made in this regard from time to time.

(3.) The cause of action for the suit according to the plaint averment arose "on 14-10-1954 when the plaintiff was appointed as V.G.D. Inspector and on the date when plaintiff reached the age of superannuation and subsequently on 31-3-1982 when the Writ Petition No. 6821/78 was disposed by his Lordship of High Court of Karnataka and subsequently on 10-5-1983 when a legal notice was got issued by the plaintiff and subsequently."