CUSTOMS AND CENTRAL EXCISE Vs. COMMISSIONER CUSTOMS PREVENTIVE

JUDGEMENT

(1.) THIS Revision petition is directed against the judgment and order dated 4. 5. 2007 passed by the learned District Judge, Shillong in FAO No. 2 (H) 2007 holding that the learned Munsiff, Shillong has no jurisdiction to try the dispute raised by the petitioners questioning the applicability of Central Government Health Scheme among the employees of Customs (Preventive) Headquarter, Shillong, as the same is a service matter, which cannot be tried by a civil court in view of the bar imposed by Section 14 of the Administrative Tribunals Act, 1985 (the "act" for short ).

(2.) I have heard Mr. M. F. Qureshi, the learned counsel for the petitioners and Mr. R. Debnath, the learned CGC appearing for the respondents.

(3.) THE facts material for disposal of this revision petition are that the petitioners are employees of the Central Government in the Central Excise and Custom Office, Department of Revenue, Shillong and that they are aggrieved by the introduction of Central Government Health Scheme (CGHS) to their Department. As per the Scheme, which was extended since October 2006, a fixed amount is being deducted from the salary of the petitioners for contribution to the CGHS dispensary at Shillong. According to the petitioners, the Scheme is tantamount to forcing them to take treatment from the dispensary maintained under the CGHS at Shillong which has no experienced medical doctors, nursing staff, chemists or sufficient medicines, not to speak of, lack of adequate medical infrastructures and facilities. Apprehending that they would be denied of minimum health care by the introduction of the CGHS, they filed a civil suit being TS No. 11 (H) 2007 before the learned Munsiff, Shillong for declaration and permanent injunction. Simultaneously, the petitioners also filed an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure for granting temporary injunction against the respondents restraining them from deducting the contribution to be made by them under the Scheme from their salaries. The learned Munsiff, by the order dated 27. 3. 2007 allowed the prayer and directed the respondents to maintain statusquo as on 28. 3. 2007 in relation to deduction of the salaries of the petitioners for contribution to the CGHS every month. Aggrieved by this, the respondents filed an appeal being FAO No. 2 (H) 2007 before the learned District Judge, Shillong contending, inter alia, that the civil suit instituted by the petitioners itself is not maintainable since the dispute raised therein is a service matter which can be entertained only by the Central Administrative Tribunal constituted under Section 14 of the Act. The appellate court found force with the contention of the respondents and allowed the appeal in the manner indicated earlier. It is this judgment which is under challenge in this revision petition filed by the petitioners.