Central Administrative Tribunal - Delhi
Hon Ble Mr. Justice Syed Rafatalam vs Government Of India on 3 April, 2014
Central Administrative Tribunal Principal Bench OA No.2589/2012 New Delhi, this the 3rd day of April, 2014 Honble Mr. Justice Syed RafatAlam, Chairman Honble Dr. B. K. Sinha, Member (A) Sujan Singh, S/o Late Shri Paramjit Singh, R/o G-06, Brigade Harmony, Ramagondanhalli, Varthur, Bangalore 560 066. .Applicant. (By Advocate : Shri Narendra Sharma) Versus 1. Government of India Ministry of Home Affairs, Directorate General SashastraSeemaBal, East Block-V, R. K. Puram, New Delhi 110 066. 2. SashastraSeema Bal, Through its Director General, Block-V (East), R. K. Puram, New Delhi 110 066. . Respondents. (By Advocate : Dr. Ch. Shamsuddin Khan) O R D E R (ORAL) Justice Syed Rafat Alam, Chairman :
At the outset, a preliminary objection is taken on behalf of the respondents about the maintainability of this Application before the Tribunal on the ground that the applicant belongs to the combatized service of Sashastra Seema Bal (SSB) and is working as Assistant Commandant (Medical Officer) and thus, this Tribunal has no jurisdiction to entertain the grievance of the applicant pertaining to his service conditions under Section 19 of the Administrative Tribunals Act, 1985.
2. We have heard learned counsel for applicant and respondents and considered the objections raised on behalf of the respondents regarding maintainability of this Application before the Tribunal. This issue has already been dealt with by this very Bench in OA No.2055/2012 with connected OA No.3322/2012 vide order dated 13.09.2013, wherein we have held as under :-
32. No doubt that the post of DIG is a Combatized (GD) post, but the fact remains that this issue has to be considered conjointly with two other facts that though the applicants are civilian employees governed by CCS (CCA) Rules, 1965 but according to the SSB Recruitment Rules, 2004, the post of Area Organizer has been designated as the feeder cadre to the post of DIG. It has already been mentioned that the desirability of Non-combatized cadre being a feeder cadre to a Combatized (GD) post has been examined by the Honble High Court of Delhi in WP(C) No.2042/2012. We have also found that whether the Tribunal is vested with jurisdiction is dependent upon the source from which recruitment is being made. Where the appointment is being made from amongst the cadre of Commandant, then Tribunal would have no jurisdiction by virtue of Section 2 (a) of the Act. However, in respect of the Area Organizers, the Tribunal would continue to exercise its jurisdiction as long as they do not enter the combatized rank of DIG. This distinction has to be clearly drawn between the two sets of litigants. So long as the point of entry is concerned, it remains within the domain of this Tribunal. Once the applicants are appointed as DIG, the jurisdiction of this Tribunal would stand ousted. We, therefore, conclusively hold that in so far as OA No.3322/2012 is concerned, this Tribunal has jurisdiction while OA No.2055/2012 filed by the applicants/ interveners is not maintainable for want of jurisdiction.
3. It is not in dispute that the applicant belongs to combatized cadre of Sashastra Seema Bal and, therefore, governed by the provisions of Sashastra Seema Bal Act, 2007 (in short, SSB Act, 2007) and Rules, 2009 framed under the aforesaid Act. Section 3 of the SSB Act, 2007 provides that officers and subordinate officers and under officers and other persons enrolled under the Act shall be subject to the provisions of this Act and the Rules. Rule 8 mentions the ranks and categories of the officers and members of the force. A perusal thereof, would show that the Assistant Commandant is at Serial No.(viii) of the list of officers. Section 4 of SSB Act, 2007 provides that there shall be an armed force of the Union called the Sashastra Seema Bal for ensuring the security of the borders of India and performing such other duties as may be entrusted to it by the Central Government. Section 2 of the Administrative Tribunals Act, 1985 excludes members of the naval, military or air forces or of any other armed forces of the Union. Section 156 of SSB Act, 2007 provides that the existing SSB shall be deemed to be the force constituted under the Act.
4. From a conjoint reading of the provisions contained in Section 3 and Section 156 of SSB Act, 2007 and Rule 8 framed under the aforesaid Act, it would be evident that the applicant is the member of Sashastra Seema Bal, an armed force under the Union of India. Therefore, the applicant being member of the combatized cadre of SSB, this Tribunal has no jurisdiction to entertain this Application under Section 19 of the Tribunals Act, 1985. It is accordingly dismissed for want of jurisdiction. However, it would be open to the applicant to seek remedy before appropriate forum in accordance with law. No order as to costs.
(Dr. B. K. Sinha) (Syed Rafat Alam) Member (A) Chairman /lg/