UNION OF INDIA Vs. MANOJ KUMAR MONGIA

JUDGEMENT

(1.) HEARD Mr SC Shyam, the learned CGC appearing for the writ petitioners and Mr R Jha, the learned counsel for the respondents.

(2.) THE writ petition is directed against the judgment and order dated 29.05.2009 in Original Application No.147 of 2006 passed by the learned Central Administrative Tribunal (CAT), Guwahati Bench, Guwahati extending the benefit of 5th Pay Commission/Pay-scale of ` 4500/- to ` 7000/- to the Diploma Holder Pharmacist of Assam Rifles Organisation w.e.f. 1.1.1996 or from the date of their appointment, which ever was later and pay them their arrear within 120 days from the date of receipt of the judgment. At the outset Mr Shyam, the learned CGC, forcefully makes a submission on the point of jurisdiction. His contention is that the CAT has no inherent jurisdiction to try the case filed by the respondents. He draw our attention to Section2(a) of the Administrative Tribunals Act, 1985, to bring home his case that the Assam Rifles is a part of the armed forces of the Union to which the provision of the Administrative Tribunals Act, 1985, is not applicable. According to the learned CGC, the jurisdiction of the CAT does not extend to any member of the naval, military or air forces or of any other armed forces of the Union. He therefore strenuously urges this Court to set aside the impugned judgment and order.

(3.) RESULTANTLY, this writ petition is allowed. The impugned judgment and order is hereby set aside. It shall, however, be open to the respondents to approach the competent Court of jurisdiction to ventilate their grievances.