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Service Matter Judgments Creating Further Litigations

Written by: Kumar Ravish B.S.L. IInd Year Symbiosis Law, Pune
Personal Law
Legal Service
  • Before moving towards the contents it is expedient to certify herewith that I have contemplated through this work some ways to preclude unnecessary litigations resulting from the judgments given in service matters.

    However, I am basically concerned here with the judgments/orders passed by Hon'ble Central Administrative Tribunal known as CAT, especially made to adjudicate 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, within the territory of India or under the control of the Government of India or of any corporation or society owned or controlled by the Government of India in pursuance of Article 323-A of the Constitution, under The Administrative Tribunals Act, 1985.

    Though it was contemplated by the Legislature that the establishment of Administrative Tribunal under the provisions of Article 323-A of the Constitution has been necessary since a large number of cases relating to service matters are pending before the various Courts in the country. It was expected that setting up of Administrative Tribunal to deal exclusively with service matters would go a long way in not only reducing the burden of the various Courts but also giving them more time to deal with other cases expeditiously besides providing speedy relief to the persons covered by the Administrative Tribunal. But this contemplation is seemed to be frustrated by the way the Tribunal is disposing the matters without going into the merit of the case.

    Coming to the basic procedure so far an application under the provisions of Central Administrative Tribunal (Procedure) Rules, 1987 is concerned, as a matter of procedure when an application is filed by the applicant, prerequisite is he being a Central Government employee, the application so filed is called Original Application, the respondents i.e. the Union of India after receiving the notice of the Original Application files a written-statement rebutting/refuting the claims of the applicant through Central Government Standing Counsels.

    It is found in many occasions that the Hon'ble Tribunal disposes of the application without going into the merit of the case by directing the respondents to treat the original application as representation and dispose of the same by passing a reasoned and speaking order which should be in accordance with the law and rules on the subject within two, three or six months, depends upon case to case. However, the Hon'ble Tribunal excludes the days taken in communication of the order.

    However, it has been found very impractical when it comes before the respondents to comply with the order of the Tribunal.

    So far as the Service matters is concerned, it is the competent authority who disposes of the representation of the applicant, who has to completely peruse the records of the applicant and check his grievances very closely before coming to any conclusion which is time consuming, considering the work load on the authorities who have to dispense the normal work besides all other. Also if matters pertain with the policy of the concerned Department then it consumes months to come to any conclusion.

    It is in general practice that the respondents in such cases when come to compliance with the order seeks time from the Hon'ble Tribunal through a Miscellaneous Application filed by the Government Counsel, causing direct revenue loss and also a start of another litigation, though the action is contemplated to avoid any contempt proceedings against the authority. But the pending time extension application shows that it is also gravely contributing in the overcrowding of dockets inclusive with the revenue loss of the government.

    However, this practice can be very easily precluded by making provisions in the Central Administrative Procedures Rules and other concerned Rules/Regulations/Orders of Departments, that at the time of filing of the Written-Statement by the respondents, the respondents besides rebutting/refuting the grievances of the applicant, must also explicitly verify/sworn in that if any order is passed against him, then that will be complied with in a particular time period specified by them, failing which they will face a contempt proceedings.

    As through this when the Tribunal comes to decision on any particular case though without going into its merit and gives certain direction to the respondents then it will be ascertained by the Tribunal also at the same time, that the compliance will be made according to the time mentioned in the written-statement filed by the respondents.

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