ASHRAF Vs. STATE OF KERALA

JUDGEMENT

(1.) The Order of the Court was pronounced by Thottathil B. Radhakrishnan, J.--The issue referred for consideration of the Division Bench is; whether the Kerala Administrative Tribunal, for short, 'SAT', has jurisdiction, power and authority in relation to matters pertaining to the service in connection with the affairs of the Kerala Public Service Commission, for short. "PSC". Heard the learned advocates for the parties.

(2.) Part XIV of the Constitution of India deals with services under the Union and the States. Examination of Articles 315 to 323 falling within Chapter II of that Part demonstrates beyond any doubt that Public Service Commissions are established in connection with the affairs of the State; be it the "Union" or any of the "States". The duties and responsibilities of the Public Service Commission and the constitutional obligation for consultation with it intricately emphasise its presence in the field of what is called "matters in connection with the affairs of the State". Needless to say, having regard to the sweep of Article 318, persons employed in terms of the "conditions of service of members and staff of the Public Service Commission" would fall under Articles 309 and 311 in Chapter 1 of Part XIV of the Constitution, containing Articles 308 to 314, dealing with 'Services'. Chapter II deals with Public Service Commissions.

(3.) All service matters concerning a person appointed to any civil service of the State or in any civil post under the State and pertaining to the service of such person in connection with the affairs of the State fall within the jurisdiction, powers and authority of the State Administrative Tribunal in terms of Section 15(1)(b) of the Administrative Tribunals Act, 1985. In the light of what is stated in the preceding paragraph, this takes within its sweep, the service of the staff of the Commission.