Union Of India (Uoi) And Ors. vs N.S. Ravi And Ors.
2002 Latest Caselaw 979 Del

JUDGMENT

S.B. Sinha, C.J.

1. This Letters Patent Appeal is directed against a judgment and order dated 16.10.1998 passed by the Learned Single Judge of this Court in C.W.P. No. 3436 of 1997 whereby and whereunder the writ petition filed by the respondents herein claiming revision of pay-scale from Rs. 1,400/-- Rs. 2,600/- to Rs. 1,640/-- Rs. 2,900/- in respect of 'Assistants' and 'Personal Assistants' was allowed.

2. The short question, which arises for consideration in this appeal, is as to whether the writ petition was maintainable or not.

3. Having regard to the fact that the Sports Authority of India has been notified in terms of Section 14 of the Administrative Tribunals Act (in short, 'the said Act') in the year 1994, the writ petition which was filed in August, 1997 was not maintainable.

4. The question is no longer res integra having regard to the decision of the Apex Court in L. Chandra Kumar v. Union of India and Ors. .

In the said decision, it has categorically been held that all service disputes over which the Central Administrative Tribunal (in short, 'the Tribunal') can exercise its jurisdiction must be adjudicated at the fist instance by the Tribunal and the High Court would only exercise its jurisdiction of judicial review only when a judgment is pronounced by the Tribunal.

5. In view of the aforementioned authoritative pronouncement of the Apex Court, we are of the opinion that the writ petition was not maintainable. The impugned judgment cannot, therefore, be sustained, which is set aside with the liberty to parties to approach the Tribunal, if they are so advised.

This Letters Patent Appeal is accordingly allowed. However, in the facts and circumstances of the case, there shall been o order as to costs.