UNION OF INDIA (UOI) Vs. RAM SAGAR

JUDGEMENT

(1.) The present appeal arises out of a suit which had been filed by the Plaintiff -Respondent seeking a declaration that orders dated 27th April, 1983 and 4th June, 1983 were illegal and violative of Article 311 of the Constitution. The suit was decreed after contest and the Appellant's appeal in the lower appellate court was also dismissed on 26th October, 1985 where after the present Second Appeal was presented on 28th April 1986.

(2.) A preliminary objection has been taken that in view of the enforce ment of Central Administrative Tribunal Act, 1985 and the constitution of a Tribunal for U.P. with effect from 1st November 1985, the second appeal before the High Court was not maintainable as the Administrative Tribunal had exclusive jurisdiction to entertain such appeals. The Administrative Tribunal Act, was drastically amended by the Administrative Tribunal (Amendment) Act, being Central Act 19 of 1986 and several new provisions were added therein including Sec. 29A. This Amending Act received the assent of the President on 25th March 1986 and was published in Gazette of India Extra Ordinary on 27th March 1986. According to Sec. 1 Sub -clause 2 of the Amending Act, the provisions of this Act have been made effective retrospectively from 22nd January, 1986, the day on which the Ordinance in this respect had been promulgated by the President of India. Thus the provisions of this Amending Act, unless otherwise indicated, became applicable with effect from 22nd January 1986.

(3.) Sec. 29A is relevant for the purposes of resolving the dispute that is before me at the moment. It reads as under: