GIREESHAN C P Vs. STATE OF KERALA

JUDGEMENT

(1.) This bunch of Writ Petitions came up before me for considering whether he issues involved in them relate to any of the subjects enumerated in the letter bearing No. 104/2011/KAT dated 25/6/2011 of the Registrar of the Kerala Administrative Tribunal and if so, whether they could be transferred to the Kerala Administrative Tribunal. The Kerala Administrative Tribunal was established as per Government of India notification No. G.S.R. 705(E) dated 25th August, 2010, published in the Gazette of India, extraordinary Part II-S.3- sub-s.(1) No. 476 dated 25.8.2010. As per order No. A-110 14/9/2009 AT dated 25th August, 2010 of the Government of India, Ministry of Personnel, Public Grievances and Pensions, the Chairman of the Tribunal was appointed. On 28th June, 2011 the Chairman issued order No. 105/2011/KAT invoking the powers conferred on him by sub-s.(6) of S. 5 of the Administrative Tribunals Act, 1985 (for short 'the Act') to the effect that with effect from 12th day of July, 2011, the Chairman, Kerala Administrative Tribunal would function as a Bench consisting of a Single Member and exercise the jurisdiction, powers and authority of Tribunal in respect of such classes of cases or such matters pertaining to such classes of cases as are specified therein. The aforesaid letter 25.06.201 land the aforesaid order dated 28.6.2011 identified the following categories of cases for the said purpose:

(2.) When these matters are taken up for consideration for the aforesaid purpose the learned counsel on both sides contended that these cases are not transferable to the Kerala Administrative Tribunal at this stage as the Tribunal is yet to be constituted. To support the said contention, they rely on various provisions under the Act, more particularly to Sections 5, l-28 and 29. In view of the said submission I think it is only appropriate to consider the said issue ahead of the other issue. Before adverting to the contentions raised in the light of the aforesaid provisions, I may refer to a Division Bench decision of this Court in Sreekandan v. State of Kerala, 2011 2 KerLT 394 to know the scope and limit of such a consideration. Paragraph 8 thereunder is relevant for the said purpose of this case and reads thus:

(3.) Going by S. 5(1) of the Act the Tribunal shall consist of a Chairman and such number of Judicial and Administrative Members as the appropriate Government may deem fit and, subject to the other provisions of this Act, the jurisdiction, powers and, authority of the Tribunal may be exercised by Benches thereof. S. 15 of the Act deals with the jurisdiction, powers and authority of Tribunals S. 15(1) reads thus: