ADMINISTRATOR UNION TERRITORY OF LAKSHADWEEP Vs. ABDULLAKOYA HAJI

JUDGEMENT

(1.) Heard.

(2.) Though there is no serious dispute as to the requirement to implement directions given in the impugned judgment in O. P. No. 2000 of 1991, certain observations made by learned Single Judge as regards the binding nature of the recommendations made has brought the respondents in the Original Petition, ie., the Administrator, Union Territory of Lakshadweep, Kavaratti, the Union of India, represented by Secretary, Ministry of Home Affairs and the Secretary to Government of India, Ministry of Law and Justice, Department of Justice), before this Court in this Writ Appeal under S.5 of the Kerala High Court Act, 1958 (in short 'the Act').

(3.) Factual position is almost undisputed. Respondent No. 1 was working as Sheristadar in Sub Court cum Chief Judicial Magistrate's Court, Kavaratti, in the service of the Administrator. Said Sub Court is a court subordinate to the High Court of Kerala. This Court was moved for a direction to the present appellants to revise the employee's scale of pay in conformity with the suggestions given by this Court. Approach was made first to the Central Administrative Tribunal (in short the Tribunal') seeking self same relief. But that was turned down, as, under S.2(c) of the Administrative Tribunals Act, 1985 as amended by Act 51 of 1987 (in short 'the Tribunals Act'), the provisions of the Act do not apply to officers or servants of a court subordinate to High Court. Therefore, this Court was moved.