UNION OF INDIA Vs. HIRA SINGH

JUDGEMENT

(1.) This revision petition is directed against order dated 12.11.1990 of the Sub Judge III Class, Hoshiarpur, wherein it has been held that the Civil Court has the jurisdiction to try the suit.

(2.) In brief the facts are that plaintiff, Hira Singh, Mazdoor No. TW-257, filed suit against Union of India through its Secretary, Ministry of Defence, New Delhi and 9 F.D.O. C/o 56 A.P.O. for declaration to the effect that he is entitled to pension, gratuity and other emoluments of arrears of pay etc. on account of service rendered in the Army. Upon notice of the suit, the objection taken by the defendants was that issues raised in the suit can be determined only by the Administrative Tribunal constituted under the Administrative Tribunal Act, 1985 as the plaintiff is holding a civil post under the Union of India. In answer to this objection, plaintiff contended that the provisions of 1985 Act do not apply to a member of Armed Forces of the Union. Trial Court relying upon the provisions of Section 2 of the Act held that the plaintiff is a member of Armed Forces of the Union and, therefore, the jurisdiction of the Administrative Tribunal is expressly excluded. It, thus, held that the civil Court has the jurisdiction to try the suit. Hence, the present revision petition.

(3.) After hearing the learned counsel and going through the record, I am of the view that the order under revision cannot be sustained. Plaintiff is a Mazdoor and is working the Field Ordnance Depot. He is not a member of the Armed Forces but is holding a civil post in connection with the defence services. Section 14 of the Act relating to jurisdiction, powers and authority of the Central Administrative Tribunal provides that save as otherwise expressly provided in the Act, the Central Administrative Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority in relation to recruitment and matters concerning recruitment to any all India Service or to any civil services of the Union or a civil post under the Union or to a post connected with defence services, being in either case, a post filled by a civilian. It also provides that it shall exercise jurisdiction, powers and authority in all services matters concerning a civilian appointed to any defence service or a post connected with defence. Plaintiff, in this case, is a civilian and has been appointed against a post connected with defence. The issue raised in the suit is relating to service matter and, therefore, it is only the Central Administrative Tribunal which has the jurisdiction to try the suit.