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Judgment
Doddakale Gowda, J.-Petitioners are appointed as Lower Division Clerks in Madras Engineering Group (Records), Bangalore, in October 1984. Their plea is that they are appointed after complying all procedures sponsored through Employment Exchange and appointments have been approved by Army Head Quarters.
They have challenged notice of termination of their services under sub-rule (1) of Rule 5 of Central Civil Services (Temporary Service) Rules, 1965, inter-alia, contending that they are appointed in lieu of Combatants and are entitled to an alternative employment in the establishment of first respondent. They also contend that their appointment, made in consonance with Rules governing recruitment, cannot be terminated.
Petitioners contending that notice of termination is not an order within the meaning of ''order'' as explained in explanation appended to Section 19 of the Administrative Tribunals Act, 1985 (hereinafter referred to as the ''Act'') have invoked extraordinary jurisdiction of this Court under Article 226 of the Constitution instead of seeking necessary redress before Central Administrative Service Tribunal.
On promulgation of the Act and constitution of Administrative Service Tribunal, jurisdiction of this Court in service matters is ousted. Section 14(1)(b)(iii) of Administrative Tribunals Act, 1985 reads thus:
"S. 14. Jurisdiction, powers and authority of the Central Administrative Tribunal.-(1) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal 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- xx xx xx xx (b) all service matters concerning- xx xx xx xx (iii) a civilian not being a member of an All-India Service or a person referred to in clause (c) appointed to any defence services or a post connected with defence, and pertaining to service of such member, person or civilian, in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation or society owned or controlled by the Government;"
''Service matters'' and ''Service rules as to redressal of grievance'' are defined thus:
"3(q) ''Service matters'' in relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the Union or of any State................................
(i) remuneration (including allowance), pension and other retirement benefits;
(ii) tenure including confirmation/seniority, promotion, reversion, premature retirement and super-annuation;
(iii) leave of any kind;
(iv) disciplinary matters; or
(v) any other matter whatsoever;"
"3(r) ''Service rules as to redressal of grievances'', in relation to any matter, means the rules, regulations, orders or other instrument or arrangements as in force for the time being with respect to redressal, otherwise than under this Act, of any grievances in relation to such matters;"
Above definitions are comprehensive enough to include grievance of this nature. Since disputed matter squarely falls within the meaning of ''service matters'' and ''service rules as to redressal of grievances'', petitioners can only seek redress before Central Administrative Tribunal and not by invoking jurisdiction of this Court under Article 226 of the Constitution.
Notice of termination is, in fact, an order, though it is not captioned as an order and falls within the ambit of ''order'' as explained in Explanation to Section 19 of the Act.
Writ Petitions are rejected.