ADVANTA NAND SHARMA Vs. FIRST CIVIL JUDGE MEERUT

JUDGEMENT

(1.) D. K. Seth, J. Hear Sri S. N. Babulkar learned counsel appearing on behalf of the petitioner and Sri R. N. Kakkar, learned counsel appearing on behalf of respon dents.

(2.) THE petitioner's suit challenging the order of premature retirement from service from the Allahabad Bank, was not enter tained by the learned Civil Judge, Meerut, by Order dated 27th May 1988 and the plaint was returned to the petitioner for presentation before the Administrative Tribunal in view of Section 14 (c) of the Administrative Tribunal Act, 1985, Annexure-1 to the writ petition. THE said order has since been impugned in the present writ petition. Admittedly, the petitioner is an employee of Allahabad Bank. Section 14 (1) (c) of the Act refers to the services as enumerated in sub-clauses (ii) and (iii) of Clause (b) of sub-section (1) of Section 14 of the Act. Sub-clause (ii) and sub clause (iii) of Clause (b) refers to civil services of the Union or any civil post under the Union or a civilian appointed to any defence service or a post connected with defence or service of such persons placed at the disposal of the Central Government for such appointment. Admittedly, the services in the Bank is not civil service of the Union or the civil post under the Union nor the service was placed at the disposal of the Central Government for such appointment. By no strech of im agination it can be said to be under sub-clause (iii) of clause (b ). THErefore, ap parently it appears that the said return of the plaint was ordered on a through misception of subsection 14 (c) of the Administra tive Tribunal Act. Inasmuch as the services with the Bank does not come with in the purview of clause (c) of sub-clause (ii) of Section 14. THErefore, the order dated 27-5-1988, Annexure-1 to the writ petition, as impugned, is here by set aside. Learned Civil Judge may proceed with the suit in accord ance with law. It is expected, because of long lapse of time, that the suit shall be decided as early as possible preferably with in a period of two years from the date a certified copy of this order is produced before the Civil Judge, Meerut.