PIAR CHAND Vs. H.P.PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Writ Petition No. 319 of 1990 relates to the conditions of service of Class ill employees under the first respondent, the H. P, Public Service Commission. The petitioners ten in number have challenged the seniority assigned to respondents Nos 2 to 4 in the cedre of Assistants in service of the first respondent The petitioners in Writ Petition No 320 of i989 challenge the appointment of the third respondent as Personal Assistant to the Secretary of the first respondent, H. P. Public Service Commission. Both these writ petitions, therefore, relate to the recruitment and conditions of service of Class III employees under the first respondent.

(2.) In the affidavit -in -reply filed by the FL P. Public Service Commission in Writ Petition in 320 of 89, a preliminary objection is raised relating to the maintainability of these petitions before this court under Article 226 of the Constitution. The disputes raised, according to the first respondent, are exclusively within the jurisdiction of the State Administrative Tribunal established under section 4 (2) of the Administrative Tribunals Act, 1985 (for short the Act).

(3.) The Constitution 42nd amendment Act 1976 as introduced Part XIV -A in the Constitution providing for the establishment of Tribunals for adjudication or trial by tribunals of the disputes referred to therein. Article 323 -A enables the Parliament by law to 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. The State Administrative Tribunal is established under section 4 (2) of the Act passed by the Parliament in pursuance to the provisions contained in Article 323 -A of the Constitution.