Union Of India (Uoi) And Ors. vs Jawala Prasad And Ors.
- SCC(1998) 9 SCC 474
Ratio decidendi
The rule this decision rests on
A matter concerning inter se seniority of direct recruits and promotees in an all-India Service, which depends upon the year of allotment to be determined by the Central Government under statutory rules governing that Service, is premature and misconceived when brought before the Administrative Tribunal before such year of allotment has been determined by the competent statutory authority; the Administrative Tribunal should not exercise jurisdiction on such petitions until the Central Government has made the requisite statutory determination.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. Special Leave Petition No. 2078 of 1992 has been preferred by the Union of India. Special Leave Petition No. 6279 of 1993 has been preferred by the State of Maharashtra and Special Leave Petition No. 13491 of 1992 has been preferred by M.B. Nankare and Another. All the said special leave petitions are directed against the order dated 30-8-1991 passed by the Central Administrative Tribunal, New Bombay Bench in OA No. 189 of 1988. The inter se seniority between the direct recruits and the promotees in the Indian Forest Service, Maharashtra Cadre was the subject-matter of challenge before the said Administrative Tribunal. It, however, appears to us that the question of year of allotment for the direct recruits and also for the promotees to the Indian Forest Service are regulated by the statutory rules of all-India Services relating to the Indian Forest Service. The Central Government is the statutory authority to determine such year of allotment. Therefore, before such determination is made by such statutory authority, the petitions filed before the Administrative Tribunal were misconceived and premature and no exercise should have been taken by the Administrative Tribunal on such petitions. We, therefore, set aside the impugned order passed by the Central Administrative Tribunal, New Bombay Bench in OA No. 189 of 1988. We have been informed by Mr. Sudhir Chandra, the learned Senior Counsel appearing for some of the respondents that in the meantime, such determination of year of allotment and consequential inter se seniority have been made by the Central Government. If any one has a grievance against such determination, it will be open to such person to challenge the same before the appropriate authority in accordance with law. It has also been stated that the special leave petition filed by M.B. Nankare and Another who are the petitioners in Special Leave Petition No. 13491 of 1992 against an earlier order passed by the Central Administrative Tribunal has already been disposed of by this Court.
2. All the special leave petitions are disposed of accordingly.
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