Case Note & Summary
The Union of India and the Central Public Works Department (CPWD) filed two writ petitions before the High Court of Karnataka challenging an interim order dated 30 July 2019 passed by the Central Administrative Tribunal (CAT), Bangalore Bench, in an original application filed by the CPWD Engineer Association and an individual engineer. The Tribunal had directed the petitioners to maintain status quo in respect of promotions pending final adjudication of the application. The petitioners argued that the Tribunal had no jurisdiction to pass such an order and that it was passed without affording them an opportunity of hearing. The respondents contended that the interim order was necessary to protect their rights and that the writ petitions were not maintainable against an interim order. The High Court, after hearing the Additional Solicitor General for the petitioners and the counsel for the respondents, dismissed both writ petitions, holding that the Tribunal had the power to pass interim orders and that the order was a reasonable exercise of discretion. The court observed that the writ petitions were not maintainable against an interim order of the Tribunal unless it was patently illegal or without jurisdiction, which was not the case here. The court did not find any merit in the petitions and dismissed them with no order as to costs.
Headnote
A) Service Law - Seniority and Promotion - Interim Relief - Central Administrative Tribunal (Procedure) Rules, 1987 - The Tribunal passed an interim order directing the respondents to maintain status quo in respect of promotions pending disposal of the original application. The petitioners challenged the order on the ground that it was passed without jurisdiction and in violation of principles of natural justice. The High Court held that the Tribunal had the power to pass interim orders and that the order was a reasonable exercise of discretion to protect the interests of the applicants. The writ petition was dismissed as not maintainable against an interim order. (Paras 1-5) B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - The High Court held that a writ petition against an interim order of the Tribunal is not maintainable unless the order is patently illegal or without jurisdiction. The impugned order was found to be within the Tribunal's jurisdiction and did not warrant interference. (Paras 1-5)
Issue of Consideration
Whether the High Court should interfere with an interim order passed by the Central Administrative Tribunal directing maintenance of status quo in respect of promotions pending final adjudication of the original application.
Final Decision
Both writ petitions are dismissed. The interim order passed by the Central Administrative Tribunal is upheld. No order as to costs.
Law Points
- Interim relief
- maintainability of writ petition against CAT order
- scope of judicial review under Articles 226 and 227
- principles of natural justice
- seniority disputes in government service
