SUBRAMANIAM Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) These writ petitions are directed against two separate communications issued by the Trivandrum Railway Divisional Manager on 5-11-1985 informing the petitioners, two drivers of the Railways, that they would be "deemed to have been removed from service with effect from 6-2-1981". On the facts and circumstances set out in the petitions, the action may seem to be somewhat outrageous, but the question still remains whether the petitions under Art.226 are themselves entertainable after the 1st of November, 1985 in view of the Administrative Tribunals Act, 1985 and the establishment of a Central Administrative Tribunal, as per notification issued under S.4 of the Act.

(2.) Under S.14(1) of the Act all the jurisdiction, powers and authority exercised by all courts (except the Supreme Court under Art.136 of the Constitution) immediately before the "appointed day", in relation to "service matters" of Central Government servants, are to be exercised by the Central Administrative Tribunal, on and from the appointed day. S.28 of the Act provides that

(3.) Now, the petitioners are Central Government servants and what are involved are "service matters" within the meaning of S.3(q) of the Act. Admittedly, a Central Administrative Tribunal has been established by notification under S.4, with effect from 1-11-85. So far as I could see, the combined effect of all these is to deprive this Court of its power to entertain and decide Central "service matters", even in exercise of its power under Art.226, from 1-11-85.