T DEEN DAYAL Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition seeks issuance of a writ of quo-warranto restraining the 4th respondent Sri K V Natarajan IAS from being the Chief Secretary to the Government of Andhra Pradesh in pursuance of the orders of the Government in GO Rt No. 5439 General Administration Department dt. 30-11-91 whereby the 4th respondent was sought to be retained in service for a period of six months beyond 30-11-91, the date when he attained the age of 58 years and due to retire.

(2.) The retention of the 4th respondent through the impugned G O, is sought to be assailed mainly on two grounds, viz (i) Rule 16(1) of the All India Service (Death-cum-Retirement Benefits) Rules 1958 contemplates compulsory retirement from service with effect from the after-noon of the last day of the month in which the incumbent attains the age of 58 years and (ii) but for the retention through the impugned G O one Mr. K S R Murthy IAS presently working in the Government of Andhra Pradesh would have had the prospects of becoming the Chief Secretary and that since the said K S R Murthy belongs to scheduled caste the action through the impugned GO amounts to an offence punishable under sec. 3 (I) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1969.

(3.) The learned Advocate-General has raised at the outset a preliminary objection that this writ petition is not maintainable under Art. 226 of the Constitution inasmuch as the 4th respondent belongs to All India Service and his retirement from or extension or retention of service is a matter relating to his service and any question pertaining to his service has got to be agitated before the Central Administration Tribunal constituted under Art. 323-A of the Constitution of India. By virtue of the powers under Art. 323-A the Parliament has made the law, the Administrative Tribunals Act 1985 (13 of 1985) As pointed out by the learned Advocate-General section 14 of Act 13 of 1985 confers jurisdiction on the Centra! Administrative Tribunal to exercise all jurisdiction powers and authority that were exercised by all the Courts till then, except the Supreme Court in relation to all service matters concerning a member of any All India Service. Section 3 of the Act deals with definitions. According to section 3 (q) "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 as respects (i) (ii) tenure including confirmation seniority promotion, revision, premature retirement and superannuation, (iii) (iv) (v) any other matter whatsoever". Again section 19 of the Act provides for making of an application by any person aggrieved of an order pertaining to any matter within the jurisdiction of the Tribunal. Now, section 28 of the Act specifically ousts the jurisdiction of this Court under Art. 226 of tht Constitution to entertain a matter of the present nature. Section 28 reads: