M. R. DINAPRABHA v. OFFICER-IN-CHARGE RECORDS, MEG
1986-06-11
S.G.DODDAKALE GOWDA
body1986
DigiLaw.ai
DODDAKALE GOWDA, J. ( 1 ) PETITIONERS are appointed as Lower division Clerks in Madras Englneeiing g'oup (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. ( 2 ) THEY have challenged notice of termination of their services under sub- rule (1) of Rule 5 of Central Civil Services (Temporary Service) Rules, 1965, interr-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 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 authoriry within the territory of India or under the control of the Government of India or df 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. --- *** --- .