Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administrative Tribunals Act 1985: Section 1 (2)(a)-Applicability of Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Administrative Tribunals Act, 1985: Section 1(2)(a)-Applicability of Act-To State of Jammu and Kashmir-Held: The Act is applicable to all categories of Central Government servants and others posted to work in the State of Jammu and Kashmir. Section 14(1)(b)(iii)-Kendriya Vidyalaya-Service matters-Central Administrative Tribunal-Jurisdiction, powers and authority of-Held: The Central Administrative Tribunal has jurisdiction concerning service matters of employees of Kendriya Vidyalaya-lt does not make any difference even if the institution is located in the State of Jammu and Kashmir. Constitution of India, 1950: Articles 226 and 227-Service matters-Writ petition-Jurisdiction of High Court-Held: The High Court does not have jurisdiction to directly entertain writ petitions concerning service matters-Central Administrative Tribunals should continue to act as the only courts of first instance in respect of service matters-Constitution of Jammu and Kashmir, Ss. 103 and 104.The respondents, employees of the appellant-Kendriya Vidyalaya, filed writ petitions before the High Court alleging some disputes regarding their service condition. The appellants filed applications for transfer of the writ petitions to the Central Administrative Tribunal on the ground that under the Administrative Tribunals Act, 1985 the Tribunal has the jurisdiction to decide the disputes. But the High Court dismissed the applications. Hence this appeal. |
Judge | Hon'ble Mr. Justice S.N. Phukan |
Neutral Citation | 2002 INSC 130 |
Petitioner | Kendriya Vidyalaya Sangathan And Anr. |
Respondent | Subhas Sharma |
SCR | [2002] 2 S.C.R. 335 |
Judgement Date | 2002-02-07 |
Case Number | 5448 |
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