S P JADAV AND 3 OTHERS; GOVIND G HEGDE AND 4 OTHERS Vs. STATE OF GOA AND 34 OTHERS; STATE OF GOA AND 4 OTHERS

JUDGEMENT

(1.) This common order disposes of a preliminary objection raised to the maintainability of these two writ petitions under Article 226 of the Constitution filed by the Junior Engineers working in the Public Works Department of the State of Goa (respondent no.1) by which they have impugned various orders in the matter of promotions passed by the State of Goa, which was formed by the Goa, Daman & Diu Reorganisation Act, 1987 (the Reorganisation Act) with effect from 30-5-1987.

(2.) The preliminary objection is based upon section 14 of the Administrative Tribunals Act, 1985 (the Tribunals Act), which interalia confers upon the Central Administrative Tribunal the exclusive jurisdiction in relation to service matters concerning a person appointed to any civil service of the Union or any civil post under the Union. Substance of the contention is that the petitioners were holders of civil posts under the Union since before the area comprising of the new State of Goa was Union territory along with Daman & Diu and the Reorganisation Act did not alter their old status because they have not been yet finally allotted for Service in the State of Goa.

(3.) Having heard the petitioners, the State and the Interveners, we do not find any substance in the preliminary objection and hence it is overruled. Here are our reasons: