Bombay High Court
Gopal Mahadeorao Bayaskar vs State Of Maharashtra on 30 July, 2010
Author: S.A. Bobde
Bench: S.A. Bobde, A.B. Chaudhari
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NOS. 3482 OF 2010 & 2099 OF 2010.
(1) WRIT PETITION NO. 3482 OF 2010
Gopal Mahadeorao Bayaskar,
aged 26 years, Occupation: Nil,
R/o Qr. No.48, Police Headquarter,
Akola, Tq. & Dist. Akola. .... PETITIONERS
....Versus....
1] State of Maharashtra, through
Principal Secretary, Tribal
Development Department,
Mumbai-32,
2] Superintendent of Police, Akola,
District Akola,
3] The Scheduled Tribe Caste
Certificate Scrutiny Committee,
Irwin Chowk, Amravati Division,
Amravati. .... RESPONDENTS
Mr. A.P. Kalmegh, Advocate for petitioner,
Mr. N.W. Sambre, Government Pleader for respondents.
(2) WRIT PETITION NO. 2099 OF 2010
1. Maharashtra State Gazetted Veterinarians
Association Gadchiroli Branch, through
the Secretary Dr. Girish Kashinath Gabhane,
Live Stock Development Officer, Veterinary
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2
Dispensary Grade-I, Gurwala Dist. Gadchiroli.
2. Maharashtra State Gazetted Veterinarians
Association Gadchiroli Branch through the
President Dr. Ravindra Kumar s/o Kolhuji
Sukhdeve, Live Stock Development Officer
(Ext), Panchayat Samiti, Gadchiroli,
Gadchiroli. .....PETITIONERS
...V E R S U S...
1. The Secretary, Animal Husbandry
Dairy & Fishery Department, Government
Of Maharashtra, Mantralaya, Mumbai.
2. The Minister and the Competent Authority
Animal Husbandry, Dairy and Fishery
Department, Mantralaya, Mumbai.
3. The Commissioner of Animal Husbandry
Maharashtra State Central Building, Pune-1.
4. Regional Joint Commissioner,
Animal Husbandry, Civil Lines Nagpur.
....RESPONDENTS
Mr. M. M. Sudame, Advocate for petitioners.
Mr. N. W. Sambre, Government Pleader for Respondent nos. 1,3 & 4.
CORAM : S.A. BOBDE & A.B. CHAUDHARI, JJ.
DATED : JULY 30, 2010.
ORAL JUDGMENT (PER S.A. BOBDE, J.)
1] Rule returnable forthwith. Heard the learned Counsel for the parties by consent.
::: Downloaded on - 09/06/2013 16:13:06 ::: 32] In Writ Petition No. 3482/10, the petitioner has prayed for the following reliefs :-
I. May kindly direct the Respondent no.2 Superintendent of Police, Akola to issue an order of provisional appointment in favour of petitioner on post of "Police Constable" pursuant his selection from Scheduled Tribe category as per Govt. Circular dtd. 30/08/06, which is at Annx. "F", II. May kindly direct the Respondent no.3 Scrutiny Committee, Amravati to decide proposal for verification of tribe claim of the petitioner belonging to "Thakur", Scheduled Tribe within stipulated period, III. May kindly direct the Respondent no.2, Superintendent of Police, Akola to forthwith issue a provisional appointment order in favour of the petitioner as "Police Constable" in view of the Govt. Circular dtd. 30.08.2006, which is at Annx. "F" by way of interim relief and till the final disposal of the instant petition, IV. May kindly issue an order of injunction thereby restrain the Respondent no.2 Superintendent of Police, Akola from cancelling/deleting the name of the petitioner from select list of "Police Constable" till the final decision of the tribe claim of the petitioner, V. ..........................."::: Downloaded on - 09/06/2013 16:13:06 ::: 4
3] The main relief prayed for by the petitioner is for the relief of appointment as a Police Constable in the Reserved category and an order restraining the respondent no.2 Superintendent of Police, Akola from cancelling or deleting the name of the petitioner from the select list of Police Constable till the final decision of the tribe claim.
The matter thus pertains to recruitment and in any case concerns recruitment to a civil service of the State, namely, the police force of the State constituted under the Bombay Police Act. Section 15 of the Administrative Tribunals Act, 1985 reads as follows :-
"S. 15. Jurisdiction, powers and authority of State Administrative Tribunals.---
(1) Save as otherwise expressly provided in this Act, the Administrative Tribunal for a State shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court) in relation to--
a) recruitment, and matters concerning recruitment to any civil service of the State or to any civil post under the State;
b) all service matters concerning a person [not being a person referred to in clause (c) of this sub-section or a member, person or civilian referred to in clause
(b) of sub-section (1) of section 14] appointed to any civil service of the State or any civil post under ::: Downloaded on - 09/06/2013 16:13:06 ::: 5 the State and pertaining to the service of such person in connection with the affairs of the State or of any local or other authority under the control of the State Government or of any corporation [or society] owned or controlled by the State Government :
c) all service matters pertaining to service in connection with the affairs of the State concerning a person appointed to any service or post referred to in clause (b), being a person whose services have been placed by any such local or other authority or corporation [or society] or other body as is controlled or owned by the State Government, at the disposal of the State Government for such appointment.
(2) The State Government may, by notification, apply with effect from such date as may be specified in the notification, the provisions of sub-section (3) to local or other authorities and corporations [or societies] controlled or owned by the State Government :
Provided that if the State Government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this Act, different dates may be so specified under this sub-::: Downloaded on - 09/06/2013 16:13:06 ::: 6
section in respect of different classes of, or different categories under any class of, local or other authorities or corporations [or societies].
(3) Save as otherwise expressly provided in this Act, the Administrative Tribunal for a State shall also exercise, on and from the date with effect from which the provisions of this sub-section apply to any local or other authority or corporation [or society], all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court) in relation to --
a) recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of such local or other authority or corporation [or society}; and
b) all service matters concerning a person [other than a person referred to in clause (b) of sub-section (1) of this section or a member, person or civilian referred to in clause (b) of sub-section (1) of section 14] appointed to any service or post in connection with the affairs of such local or other authority or corporation [or society] and pertaining to the service of such person in connection with such affairs.
(4) For the removal of doubts, it is hereby declared that the jurisdiction, powers and authority of the Administrative ::: Downloaded on - 09/06/2013 16:13:06 ::: 7 Tribunal for a State shall not extent to, or be exercisable in relation to, any matter in relation to which the jurisdiction, powers and authority of the Central Administrative Tribunal extends or is exercisable".
4] Thus, we are of the view that the present petition is a service matter involving recruitment and in any case matter concerning recruitment to civil service and is liable to be heard by the Maharashtra Administrative Tribunal constituted under the Administrative Tribunals Act. It is not of consequence that the petitioner has also prayed for a direction to the Caste Scrutiny Committee to decide his claim within a certain period to enable him to retain his position in the select list. There is no doubt that the M.A.T. has ample powers to give such a direction since such a power was exercisable by this Court immediately before the appointed date under the Administrative Tribunals Act.
5] In Writ Petition No. 2099/2010, following main prayers have been made by petitioners in this petition:-
(i) Call for the record of proceedings pertaining to proposal of transfer for the year May/June 2010 transferring the Live Stock Development Officers of Gadchiroli District, from the file of respondent Govt. of ::: Downloaded on - 09/06/2013 16:13:06 ::: 8 Maharashtra Agriculture Dairy and Fishery Dept.; peruse the same;
(ii) issue rule nisi and admit the petition for final hearing;
(iii) quash and set aside the orders dt 27.5.2005 collectively of transfer issued by Govt. of Maharashtra Agriculture Dairy and Fishery Dept transferring the Live Stock Development Officers from Gadchiroli District out side Gadchiroli thereby filling up all the option posts submitted by the petitioners; (Ann VII to X)
(iv) direct the respondent State of Maharashtra to implement special package for Naxalite Affected and Tribal Areas and special provisions incorporated in GR dated 6.8.2002 more particularly clause No.8 and 12 thereof and issue the order of transfer on the basis of the Special Package strictly on the basis of station seniority, in the interest of justice;
6] A perusal of the above prayers show that petitioners want implementation of special package for Naxalite affected and tribal areas and special provisions incorporated in GR dated 06.08.2002 in relation to clause 8 and 12 thereof relating to policy of transfers in these areas.
::: Downloaded on - 09/06/2013 16:13:06 ::: 97] We have no doubt that this is a service matter in respect of the employees, who are covered by the Administrative Tribunals Act, 1985 and must, therefore, be heard and tried by Maharashtra Administrative Tribunal.
8] Thus, we decline to entertain the jurisdiction of this Court under Article 226 of the Constitution of India and relegate the petitioners to a remedy provided under the Administrative Tribunals Act, 1985.
9] With the above observations, the writ petitions are dismissed. Rule stands discharged with no order as to costs.
JUDGE. JUDGE.
J.
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