Case Note & Summary
The present appeal by special leave was filed by the State of Maharashtra against an order passed by the Central Administrative Tribunal in Contempt Petition No. 35 of 1996 arising from pending Original Application No. 1156 of 1994. The respondent, Dr. S.S. Srivastava, was an applicant before the Tribunal seeking certain promotions to Senior Scale and Junior Administrative Grade. The Tribunal, by an interim order on a miscellaneous petition, directed the respondents (including the State of Maharashtra) to consider the applicant for Senior Scale and Junior Administrative Grade according to the rules within two months. The State considered the case on June 7, 1996, and found the respondent not fit for the Senior Time Scale. Subsequently, the respondent filed a contempt petition before the Tribunal, alleging non-compliance with the earlier direction. The Tribunal passed the impugned order, again directing the State Government to consider the fitness of the applicant for promotion to the Junior Administrative Grade from an appropriate date strictly as per rules within two months, as an interim measure, with entitlement for arrears and notional fixation of pay on promotion to Senior Time Scale from April 1, 1993. The State appealed to the Supreme Court, contending that the Tribunal had exceeded its jurisdiction. Both sides sought to argue the merits of the case, but the Supreme Court declined to go into merits at that stage. The Supreme Court observed that the Tribunal had exceeded its power in giving directions even before the matter was considered on merits. The Court held that the appropriate course was for the Tribunal to decide the main application on merits and then deal with it according to law. Accordingly, the Supreme Court set aside the Tribunal's order and directed the Tribunal to dispose of the main Original Application within two months from the date of receipt of the order. The appeal was allowed.
Headnote
A) Service Law - Interim Directions - Tribunal's Jurisdiction to Grant Interim Relief - Not mentioned - The Tribunal had issued interim directions for promotion without first deciding the main application on merits. The Supreme Court held that this exceeded the Tribunal's power and set aside the order, directing the Tribunal to decide the main O.A. within two months. Held that the appropriate course is for the Tribunal to decide the matter on merits before granting any relief. (Paras Not mentioned)
Issue of Consideration
Whether the Tribunal exceeded its jurisdiction by issuing interim directions for promotion before deciding the main application on merits.
Final Decision
Appeal allowed; order of the Tribunal set aside; Tribunal directed to decide the main O.A. on merits within two months from the date of receipt of the order.
Law Points
- Tribunal cannot grant interim relief amounting to final relief without deciding merits
- jurisdiction of administrative tribunal
- promotion rules
- interim directions in service matters
