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Supreme CourtDivision Bench(1997) 11 SC CK 0110

Union of India (UOI) and Others vs Jawala Prasad and Others

Supreme Court Of India · Decided on 20 November 1997 · Citation: (1998) 8 JT 137 : (1998) 9 SCC 474 : (1998) SCC(L&S) 1227

HON’BLE JUDGES
S. P. Bharucha, J · G. N. Ray, J
RESULT
Disposed Of
CASE NUMBER
SLP (C) No''s. 2078 and 13491 of 1992 and 6279 of 1993

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Judgment

2 paragraphs · 328 words
1.

SLP No. 2078 of 1992 has been preferred by the Union of India. SLP No. 6279 of 1993 has been preferred by the State of Maharashtra and SLP No. 13491 of 1992 has been preferred by M.B. Nankare and Another. All the said special leave petitions are directed against the order dated 30-8-1991 passed by the Central Administrative Tribunal, New Bombay Bench in OA No. 189 of 1988. The inter se seniority between the direct recruits and the promotees in the Indian Forest Service, Maharashtra Cadre was the subject-matter of challenge before the said Administrative Tribunal. It, however, appears to us that the question of year of allotment for the direct recruits and also for the promotees to the Indian Forest Service are regulated by the statutory rules of all-India Services relating to the Indian Forest Service. The Central Government is the statutory authority to determine such year of allotment. Therefore, before such determination is made by such statutory authority, the petitions filed before the Administrative Tribunal were misconceived and premature and no exercise should have been taken by the Administrative Tribunal on such petitions. We, therefore, set aside the impugned order passed by the Central Administrative Tribunal, New Bombay Bench in OA No. 189 of 1988. We have been informed by Mr. Sudhir Chandra, the learned Senior Counsel appearing for some of the respondents that in the meantime, such determination of year of allotment and consequential inter se seniority have been made by the Central Government. If any one has a grievance against such determination, it will be open to such person to challenge the same before the appropriate authority in accordance with law. It has also been stated that the SLP filed by M.B. Nankare and Another who are the petitioners in SLP No. 13491 of 1992 against an earlier order passed by the Central Administrative Tribunal has already been disposed of by this Court.

2.

All the special leave petitions are disposed of accordingly.