Research › Browse › Judgment

Supreme Court of India · body

1987 DIGILAW 579 (SC)

P. Sambamurthy v. Union Of India

1987-05-05

G.L.OZA, M.M.DUTT, O.CHHINNAPPA REDDY, R.S.PATHAK, RANGANATH MISRA, V.KHALID

body1987
( 1 ) WE direct that the operation of the judgment and order dated 20/12/1986 pronounced by this court shall extend to those cases only which were made the subject of consideration by this court by virtue of these petitions and appeal having been filed in this court. ( 2 ) WE direct further that in those cases where the petitions were filed directly and without having been processed judicially and decided by the administrative tribunal, the order will operate insofar that those cases will new stand remanded to the Administrative Tribunal for judicial consideration in accordance with the observations of this court in the judgment of 20/12/1986. ( 3 ) THIS direction will also cover those Writ Petition which were transferred from the High court to this court. They shall stand transferred to the Administrative tribunal and be considered similarly. ( 4 ) IN all those cases where Writ Petition were filed against the orders of the State government modifying or superseding the orders of the Administrative tribunal, we direct that those cases shall be treated as concluded by the relative orders of the Administrative tribunal as they stood before the said orders were interfered with by the State government. ( 5 ) WE may add that Mr L. N. Sinha, learned counsel appearing for the union of India in all these cases, sought the permission of the court to urge a ground in respect of the interpretation of Article 371-D of the Constitution. He contended that the power of judicial review, even construed as a basicfeature of the Constitution, was not precluded by the provisions of Article 371-D of the Constitution and therefore the judgment of this court called for review. We are not satisfied, however, that we should interfere. ( 6 ) THE review petitions are disposed of accordingly.