GOVERNMENT OF TAMIL NADU Vs. P IIEPZI VIMALABAI

JUDGEMENT

(1.) WRIT Appeal Nos. 1419 of 1992 and 530 of 1993 were directed against the order of K. S. Bakthavatsalam, J. dated 6. 4. 1992 in w. P. No. 11997 of 1990 and the order dated 26. 3. 1992 in W. P. No. 7940 of 1992. The learned Judge allwed the above two writ petitions in view of the orders passed by him in W. P. Nos. 1911, 1912 and 2669 of 1990, dated 26. 3. 1992. Likewise, the learned Judge allowed W. P. No. 7940 of 1992 filed by one N. Vasanthi by following a Division Bench of this Court in Chairman, Railway Recruitment Board v. Ruban peter, 1990 W. L. R. 1: (1990)2 L. L. J. 92. The learned Judge by following the division Bench, held that writ petitions in High Court arising at pre-recruitment stage by persons not already'in service'are maintainable and that the jurisdiction of the Tribunal is confined to disputes and complaints with respect to'recruitment and conditions of service'of persons already appointed. The learned Judge, however, has disagreed with the interpretation putforth by one of us (D. Raju, J.) regarding the judgment of a Division Bench of this Court in Ruban Peter's case.

(2.) A Division Bench of this Court consisting of the Hon'ble chief Justice and T. Somasundaram, J. ,while dealing with W. A. Nos. 1419 of 1992 and 530 of 1993 and connected W. P. Nos. 11431 of 1992, etc. , batch and on going through the judgment of the earlier Division Bench of our High Court in Ruban peter's case, (1990)2 L. L. J. 92: 1990w. L. R. 1 doubted the soundness of the view expressed by the Division Bench in Ruban Peter's case. The said decision according to the order of reference, will have great repercussion and therefore they considered it necessary to refer the above cases to a larger bench.

(3.) SEC. 3 (q) of the Act reads as follows: ''service matters'in relation to a person means all matters relating to the conditions of his service in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the government of India, or, as the case may be, of any corporation or society owned or controlled by the Government, as respects- (i) remuneration (including allowances), pension and other retirement benefits; (ii) tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation; (iii) leave of any kind; (iv) disciplinary matters; or (v) any other matter whatsoever.'