KEDAR ISHWAR Vs. THE STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The question which arises for the consideration of the Court at this stage is whether this case is required to be transferred to the Himachal Pradesh Administrative Tribunal (hereinafter referred to as "the Tribunal") in view of the enactment and coming into force of the Administrative Tribunals Act, 1985 (hereinafter referred to as "the Act"). .

(2.) The petitioner is a retired Judicial Officer having been a member of the Higher Judicial Service of Himachal Pradesh. At the material time, the petitioner was holding the post of Registrar of the High Court of Himachal Pradesh. While holding the post of Registrar, he made an application to the Chief Justice seeking correction of the date of birth recorded in his service record, Under the orders of the Chief Justice, the application was forwarded to the State Government "for consideration -. After exchange of certain correspondence, the State Government informed the Registrar of the High Court that it was not possible to accede to the request with regard to the correction of the date of birth since it was not proved that the date of birth originally given was under a bona fide mistake. By a notification dated November 30, 1974, issued by the State Government, it was notified that the petitioner shall retire on superannuation on the afternoon of the same day, The petitioner accordingly stood retired on superannuation on and with effect from November 30, 1974, The petitioner challenges herein the determination relating to his birth date arrived at accordingly and his consequential retirement on superannuation on the basis of the birth date originally recorded in his service record.

(3.) Part X1V -A, containing Articles 323 -A and 323 -B, was introduced in the Constitution by the Constitution (Forty -second Amendment) Act, 1976, with effect from January 3, 1977. The two Articles comprising this part empower the appropriate legislature to provide, by law, for the adjudication or trial of Certain disputes, complaints etc. through the machinery of administrative tribunals. The Court herein is concerned with Article 3}3 -Af the material part of which reads as follows: - "323 -A. (1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government. (2) A law made under clause (1) may - (a) provide for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or more States ; (b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals ; (c) xx xx xx xx xx (d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under Article 136, with respect to the disputes or complaints referred to in clause (1); (e) provide for the transfer to each such administrative tribunal of spy cases pending before any court or other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment ; (f) xx xx xx xx xx (g) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as Parliament may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals. (3) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force."