Case Note & Summary
The petitioners, eight officers of the Karnataka State Government, were on deputation to various departments and were sought to be absorbed into the Karnataka Administrative Service. The fifth respondent, M.V. Chandrakant, filed an Original Application before the Central Administrative Tribunal (CAT) challenging the proposed absorption and seeking interim relief. The CAT, by order dated 15.12.2017, passed an interim order restraining the State Government from absorbing the petitioners into the Karnataka Administrative Service until further orders. The petitioners challenged this order before the High Court of Karnataka under Articles 226 and 227 of the Constitution of India. The High Court held that the CAT lacked jurisdiction to entertain the application as the matter related to State Government employees and the State cadre, which is not covered under the Administrative Tribunals Act, 1985. The court further held that the interim order was passed in gross violation of principles of natural justice as the petitioners were not heard before the order was passed. Consequently, the High Court quashed the impugned order dated 15.12.2017 insofar as it related to O.A.No.170/00237/2017 and allowed the writ petitions.
Headnote
A) Administrative Law - Jurisdiction of Central Administrative Tribunal - Interim Relief - The CAT passed an interim order restraining the State Government from absorbing deputationists into the Karnataka Administrative Service, despite the matter relating to State Government employees not falling under the CAT's jurisdiction under the Administrative Tribunals Act, 1985 - Held that the CAT lacked jurisdiction to entertain the application and the interim order was without authority (Paras 1-10).
B) Service Law - Deputation Absorption - Seniority - The petitioners were officers on deputation to the State Government and were sought to be absorbed into the Karnataka Administrative Service - The CAT's interim order prevented their absorption, causing prejudice - Held that the CAT could not restrain the State Government from exercising its powers of absorption, as the dispute pertained to State cadre not covered by the CAT (Paras 1-10).
C) Natural Justice - Violation of Principles - The CAT passed the interim order without hearing the petitioners, who were necessary parties - Held that the order was passed in gross violation of natural justice and was liable to be set aside (Paras 1-10).
Issue of Consideration
Whether the Central Administrative Tribunal had jurisdiction to pass an interim order restraining the State Government from absorbing deputationists into the Karnataka Administrative Service, and whether such order was passed in violation of principles of natural justice.
Final Decision
The High Court allowed the writ petitions and quashed the order dated 15.12.2017 passed by the Central Administrative Tribunal in O.A.No.170/00237/2017 insofar as it relates to the petitioners.
Law Points
- Jurisdiction of Central Administrative Tribunal
- Interim relief
- Deputation absorption
- Seniority
- Natural justice
Case Details
2018 LawText (KAR) (02) 22
Writ Petitions No.1252-1256/2018 & Writ Petitions No.1332-1334/2018 (S-CAT)
H.G. Ramesh, Acting Chief Justice, P.S. Dinesh Kumar
Sri Jayakumar S. Patil, Senior Advocate for Sri Ramesh K.L, Advocate; Sri H.R. Showri, Advocate for R1; Sri A.S. Ponnanna, AGA A/W Smt Prathima Honnapura, AGA for R3 and R4; Sri Yogesh Naik for Sri S.G. Pandit, Advocates for R2; Sri M.S. Bhagwat, Advocate for C/R5
Smt K.S. Latha Kumari and others
Union of India and others
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Nature of Litigation
Writ petitions under Articles 226 and 227 of the Constitution of India challenging an interim order passed by the Central Administrative Tribunal.
Remedy Sought
Quashing of the order dated 15.12.2017 passed by the Central Administrative Tribunal in O.A.No.170/00237/2017 insofar as it relates to the petitioners.
Filing Reason
The petitioners were officers on deputation to the State Government and were sought to be absorbed into the Karnataka Administrative Service. The fifth respondent filed an application before the CAT challenging the absorption and obtained an interim order restraining the State Government from absorbing the petitioners.
Previous Decisions
The Central Administrative Tribunal passed an interim order dated 15.12.2017 in O.A.No.170/00237/2017 restraining the State Government from absorbing the petitioners into the Karnataka Administrative Service.
Issues
Whether the Central Administrative Tribunal had jurisdiction to pass an interim order restraining the State Government from absorbing deputationists into the Karnataka Administrative Service?
Whether the interim order was passed in violation of principles of natural justice?
Submissions/Arguments
The petitioners argued that the CAT lacked jurisdiction as the matter related to State Government employees and the State cadre, which is not covered under the Administrative Tribunals Act, 1985.
The petitioners further argued that the interim order was passed without hearing them, violating principles of natural justice.
Ratio Decidendi
The Central Administrative Tribunal lacks jurisdiction to entertain applications relating to State Government employees and the State cadre, as such matters are not covered under the Administrative Tribunals Act, 1985. Further, any interim order passed without hearing the affected parties is in gross violation of principles of natural justice and is liable to be set aside.
Judgment Excerpts
These writ petitions are filed under Articles 226 & 227 of the Constitution of India praying to quash the order dated 15.12.2017 so far as it relates to O.A.No.170/00237/2017 passed by the Central Administrative Tribunal at Annexure-H and etc.
The CAT lacked jurisdiction to entertain the application as the matter related to State Government employees and the State cadre, which is not covered under the Administrative Tribunals Act, 1985.
The interim order was passed in gross violation of principles of natural justice as the petitioners were not heard before the order was passed.
Procedural History
The petitioners filed writ petitions before the High Court of Karnataka under Articles 226 and 227 of the Constitution of India challenging an interim order dated 15.12.2017 passed by the Central Administrative Tribunal in O.A.No.170/00237/2017. The High Court heard the matter and delivered judgment on 08.02.2018.
Acts & Sections
- Constitution of India: Articles 226, 227
- Administrative Tribunals Act, 1985:
