Madhya Pradesh High Court
Nagendra Saraswat vs Union Of India on 11 December, 2015
WP-11469-2015
(NAGENDRA SARASWAT Vs UNION OF INDIA)
11-12-2015
Ms. Mala Singh, learned counsel for the petitioner.
Shri J.K.Jain, learned Assistant Solicitor General for the Union of
India.
Shri Sanjay K.Agrawal, learned counsel for Respondent No.5.
From the objections raised by the respondents, a serious question with regard to our jurisdiction to interfere into the matter has risen. The question involved in the writ petition is with regard to deputation and extension of deputation or otherwise of Respondent No.5. Respondent No.5 is an employee of the Central Government and the dispute with regard to deputation, extension of deputation or termination of deputation is a dispute pertaining to service conditions of a Central Government employee, exclusively within the jurisdiction of the Central Administrative Tribunal and the High Court cannot exercise any power under Article 226 of the Constitution to interfere into such matters.
That being so, when this Court lacks inherent jurisdiction, the question is as to whether this Court can interfere in the Public Interest Litigation. The same has to be considered and the petitioner to address us on this count.
List the matter after vacation for considering the aforesaid question. Certified copy as per rules.
(RAJENDRA MENON) (KESHAV KUMAR TRIVEDI)
JUDGE JUDGE