MANJULATA JENA Vs. PARBATI LENKA

JUDGEMENT

(1.) THE petitioners have filed this writ application under Articles 226 & 227 of the Constitution of India challenging the order dated 23.02.2006 passed in C.S. No. 341 of 2004 by the learned Civil Judge (Sr. Division) 1st Court, Cuttack by which the learned Civil Judge has rejected an application filed by the petitioners under Order 7 Rule 11 (d) of C.P.C. The said order has been enclosed as Annexure - 7 to the writ application.

(2.) THE petitioners were the defendants in the aforesaid suit filed by opp. parties 1 to 3. The plaintiff -opp. parties no.1 to 3 filed the aforesaid suit claiming to be the mother and sisters of deceased Kirti Chandra Lenka. Kirti Chandra Lenka was working as a Junior Assistant in the Office of the Revenue Divisional Commissioner (Central Division), Cuttack, who died on 1.3.2004 leaving behind the petitioners who are the wife, son and daughter respectively of the deceased -employee. After the death of the deceased -employee, the opp. parties 1 to 3 filed the present suit with the following prayers: -

(3.) THE short question which arises for consideration is that whether the Civil Court has jurisdiction to adjudicate the suit filed by the plaintiff -opp. parties 1 to 3 in view of the fact that the deceased -employee was a Government servant. There is no dispute to the fact that the deceased -Kirti Chandra Lenka was employed as a Junior Assistant in the Office of the Revenue Divisional Commissioner (Central Division), Cuttack. In view of this undisputed factual position, any dispute or complaint with regard to the conditions of service of the deceased -employee is to be adjudicated under the provisions of the Administrative Tribunal Act, 1985 (in short "the Act"). This has also been so held by a Division Bench of this Court in the case of Pratap Chandra Rout and others V. State of Orissa and others, Vol. 62(1986) CLT -244.