SATHEESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Ext. P8 order passed by the Central Administrative tribunal, Ernakulam Bench is under challenge before us. THE petitioners filed o. A. No. 369 of 1999 before the Tribunal praying for the various reliefs set out in the application; but we are mainly concerned with the relief sought in prayer ( i v ) which is reproduced hereunder: "declare that the permanent vacancies of the tradesmen "a' in the VSSC Replace, Vattiyoorkavu are liable to be filled only with permanent hands from the UPSC and the decision, if any, taken and orders, if any, passed pursuant thereto to fill the vacancies with Employment exchange hands is illegal. " THE petitioners are skilled Contract Labourers working in the V. S. S. C. under 2nd respondent and they have got employment through employment Exchange. THE contesting respondents before the Tribunal were (1)Union of India represented by the Secretary, Department of Space, New Delhi and (2) THE Director, Vikram Sarabhai Space centre, Trivandrum who are the respondents 1 and 2 in this Writ Petition. All the reliefs claimed in the application had been rejected by the Tribunal. However, counsel for the petitioners emphatically submits that no adjudication had been made on the relief quoted above.

(2.) ON behalf of the respondents 1 to 5 a statement has been filed opposing the claims of the petitioners. The Standing Counsel for the respondents 1 to 5 submits that the Department of Space/indian Space Research organisation is competent to make its own rules regarding recruitment and promotion and they have been exempted from the purview of the Union Public service Commission. Art. 77 of the Constitution deals with the conduct of business of the Government of India. Clause (1) provides that all executive action of the Government of India shall be expressed to be taken in the name of the President. Clause (2) inter alia states that orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the president. Clause (3) provides further that the President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business. Art. 77 thus applies to all executive action of the Government of India, including constitutional or statutory functions and also quasi-judicial powers. The power to make rules of business under this clause may be traced from Art. 53 (1)which says that the executive power of the Union shall be exercised by the President directly or through the Officers subordinate to him in accordance with the Constitution.