Which Jurisdiction I should file WP against BSNL?
Arunagiri
(Querist) 10 December 2010
This query is : Resolved
I am presently working as AGM in a Public Sector Bank and have applied for the post of DGM(TMS) in Bharat Sanchar Nigam Ltd. and successfully completed the written exam and interview. However, BSNL has not issued appointment orders and has stated that the Payscale in PSB is not matching with the DPE Payscale.
I want to file a WP against BSNL. I would like to know whether I need to file the WP in High Court, Delhi or CAT, Delhi.
I request you to please provide the information.
R.Ramachandran
(Expert) 10 December 2010
One can approach CAT only if is an employee of an Organization which comes under CAT jurisdiction. Otherwise one has to approach the High Court by way of Writ.
Arunagiri
(Querist) 10 December 2010
I am not an employee of BSNL. At the time of application, I was jobless. Now I am working in a Public Sector Bank.
Arunagiri
(Querist) 10 December 2010
Dear Expert,
The Central Administrative Tribunal has been established for adjudication of disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other local authorities within the territory of India or under the control of Government of India and for matters connected therewith or incidental thereto.
This is the text taken from CAT website. Since, mine is a recruitment related case, can I approach directly CAT or go to HC. Please clarify.
R.Ramachandran
(Expert) 10 December 2010
Dear Mr. Arunagiri,
The answer lies in the paragraph quoted by you.
"The Central Administrative Tribunal has been established for adjudication of disputes with respect to recruitment and conditions of service of persons APPOINTED to public services and posts..."
You are yet to be appointed.
Arunagiri
(Querist) 10 December 2010
Thank you. My lawyer is telling me that I should move to CAT. He is an advocate at HC, Delhi
R.Ramachandran
(Expert) 10 December 2010
It is ok. If your lawyer is confident then go according to his advice.
Arunagiri
(Querist) 10 December 2010
As per Administrative Tribunal Act, 1985 Section 14 which defines Jurisdiction, powers and authority of the CAT shall. exercise, in relation to-- (a) recruitment, and matters concerning recruitment, to any All-India Service or to any civil service of the Union or a civil post under the Union or to a post connected with defence or in the defence services, being, in either case, a post filled by a civilian; (b) all service matters concerning-- (i) a member of any All-India Service; or (ii) a person [not being a member of an All-India Service or a person referred to in clause (c)] appointed to any civil service of the Union or any civil post under the Union; or (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 the 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 6*[or society] owned or controlled by the Government; (c) all service matters pertaining to service in connection with the affairs of the Union concerning a person appointed to any service or post referred to in sub-clause (ii) or sub-clause (iii) of clause (b), being a person whose services have been placed by a State Government or any local or other authority or any corporation 1*[or society] or other body, at the disposal of the Central Government for such appointment. 2*[Explanation.--For the removal of doubts, it is hereby declared that references to "Union" in this sub-section shall be construed as including references also to a Union territory.] (2) The Central Government may, by notification, apply with effect from such date as may be specified in the notification the provisions of sub-section (3) to local or other authorities within the territory of India or under the control of the Government of India and to corporations 1*[or societies] owned or controlled by Government, not being a local or other authority or corporation 1*[or society] controlled or owned by a State Government: Provided that if the Central Government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this Act, different dates may be so specified under this sub-section in respect of different classes of, or different categories under any class of, local or other authorities or corporations 1*[or societies]. (3) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall also exercise, on and from the date with effect from which the provisions of this sub-section apply to any local or other authority or corporation 1*[or society], all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court 3*** in relation to-- (a) recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of such local or other authority or corporation 1*[or society]; and (b) all service matters concerning a person [other than a person referred to in clause (a) or clause (b) of sub-section (1)] appointed to any service or post in connection with the affairs of such local or other authority or corporation 1*[or society] and pertaining to the service of such person in connection with such affairs.
As per Subsection 3 above, I think BSNL also comes under the jurisdiction of CAT for new recruitment and candidates not employed in the organisation.
Experts may please comment?
Raj Kumar Makkad
(Expert) 10 December 2010
CAT is the appropriate forum to raise the present dispute of queriest.
R.Ramachandran
(Expert) 10 December 2010
Dear Mr. Arunagiri,
There is no doubt that CAT has jurisdiction over BSNL employees.
But you please indicate from out of the paragraph quoted above by you, which clause specifically applies to you. Rather you fall (get covered) under which specific clause.
This will determine whether you should approach CAT or HC.
Arunagiri
(Querist) 10 December 2010
Subsection 3 mentioned above "Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall also exercise, on and from the date with effect from which the provisions of this sub-section apply to any local or other authority or corporation 1*[or society], all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court 3*** in relation to-- (a) recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of such local or other authority or corporation 1*[or society];
Right Sir
R.Ramachandran
(Expert) 10 December 2010
The local authority / corporation mentioned in this sub-section relates to Municipalities, Municipal Corporations etc. In any case, once notification is issued to cover those municipalities / corporations, the employees can definitely approach the CAT.
But do you really fit under that clause?
Arunagiri
(Querist) 10 December 2010
I do not know. My opinion is Let me go to HC with a WP. If HC feels the case is under its jurisdiction it's ok. If it says no, then based on the order of HC it can be taken to CAT.
Advocate. Arunagiri
(Expert) 10 December 2010
For any dispute regarding the central government employment, you have to go to CAT only, not HC. HC is the appellate authority of CAT.
Kirti Kar Tripathi
(Expert) 10 December 2010
In my opinion both remedies are available. but it settled position of law, where forum under which a person can have remedy is not clear or ambiguous, the writ is appropriate remedy, therefore i will suggest to file writ.
Arun Kumar Bhagat
(Expert) 11 December 2010
I think the WRIT in High Court is the correct option.
