SHIV KUMAR TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in this special Civil Application has prayed for a writ of mandamus or any other appropriate writ to quash and set aside the order of transfer of the petitioner as contained in the entry at Annexure A to the special Civil Application. The learned single Judge before whom this Special Civil Application was placed for admission has referred the matter to the Division Bench in order to decide the question of jurisdiction involved in this case.

(2.) After the constitution of the Administrative Tribunal for Central Government Staff by virtue of the Administrative Tribunals Act 1985 it is felt whether the petitioner herein is a railway servant or a servant belonging to the Armed Force of the Union. If the petitioner belongs to the Railway Protection Force coming under the Indian Railways Act 1890 naturally the matter has to be placed before the Administrative Tribunal constituted for the purpose of dealing with the disputes regarding the Central Government Staff. If the petitioner is treated to be a servant belonging to the Armed Force of the Union Administrative Tribunals Act 1985 will not be applicable in view of the provisions under sec. 2 of the Administrative Tribunals Act 1985

(3.) Mr. Patel the learned counsel appearing for the petitioner and also Mr. Bhatt the learned counsel representing the Railways submit that the petitioner will definitely come under the category of the farmed force of the Union and as such the Tribunal may not have jurisdiction to go into the dispute raised by the petitioner herein.