PREM CHAND DESHANTRI Vs. UNION OF INDIA

JUDGEMENT

(1.) The matter comes upon an application preferred on behalf of the respondents with the preliminary objection regarding the maintainability of the present writ petition.

(2.) It has been averred in the application that Ss. 14 and 15 of the Central Administrative Tribunal Act, 1985 ('the Act of 1985') provide for a specific bar in the matters pertaining to the recruitment to any All India Service or to any Civil Service of the Union. It has been submitted that the jurisdiction to decide to such matters lies with the Central Administrative Tribunal ('CAT') and in terms of Sec. 15(4), there is a specific bar for exercise of such jurisdiction by any other Authority or Tribunal. Sec. 15(4) of the Act of 1985 reads as under:- "15. Jurisdiction, powers and authority of State Administrative Tribunals:-

(3.) Learned counsel for the petitioner relied upon the Hon'ble Apex Court judgments passed in Union of India and Ors. v. Deep Chand Pandey and Anr. reported in 1992 (4) SCC 432 (decided on 27/8/1992); Union of India (UOI) and Ors. v. Parma Nand reported in 1989 (2) SCC 177 (decided on 14/3/1989); judgment passed by High Court of Himachal Pradesh in Vinod Kumar v. H.R.T.C. and Ors. reported in ILR 1995 1 HP 121 (decided on 30/12/1994) and order of a Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.5192/2020; Prahalad Kumawat v. All India Institute of Medical Sciences and Anr. (decided on 9/9/2020).