DIRECTOR-CUM-APPOINTING AUTHORITY Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE challenge in the present writ petition is to an order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short "the Tribunal") on 10.07.2013 whereby Civil Writ Petition No. 4128 of 1994 titled as Dr. S.K. Marwaha v. Union of India and others', transferred from this Court to the Tribunal was disposed of. In the aforesaid writ petition, this Court has framed following 4 issues as said to be arising for consideration on 02.12.1998. The issues read as under: -

(2.) THIS Court in the aforesaid writ petition passed an order on 14.01.2010 subsequent to the issuance of a notification by the Central Government notifying the Post -graduate Institute of Medical Education and Research, Chandigarh (for short 'PGI') as one of the authority notified to be governed by the Administrative Tribunals Act, 1985. After the aforesaid notification, an argument was raised before this Court that the issues raised in the writ petition relate to service conditions and benefits claimed by the employees of PGI which would now fell within the ambit of Central Administrative Tribunal. It is argued that other matter which needs redressal as a Public Interest Litigation would still survive such as the continuation of a permanent machinery for redressal of grievance of the staff of the PGI. In response to such an argument, learned counsel for the PGI agreed that the Tribunal has jurisdiction to adjudicate upon issues relating to service condition of employees. In pursuance of the said statement, issues No. 1 and 2 were transferred for decision to the Tribunal whereas in respect of issue No. 3 and 4 it was observed that the aforesaid writ petition may continue as a Public Interest Litigation or concerned parties may file fresh writ petition.

(3.) THE grievance of the petitioner against the order of the Tribunal is on the procedural aspects such as that the writ petition was filed by Dr. S.K. Marwaha and the Joint Action Committee and not by PGI Medical Technologists Association (for short 'Association') and Transfer Petition has been allowed on behalf of such Association which has not even sought impleadment as a party in such proceedings.