RAMA JOIS, J. ( 1 ) THE petitioner, who was employed by the State Government under the Stipendary employment Scheme for unemployed graduates has presented this petition praying for the issue of a writ of mandamus to the respondents to pay his salary for the period commencing from 1-1-1986 to 9-10-1986. ( 2 ) THE subject matter of the writ petition being a service matter in connection with the affairs of the State government, the matter lies squarely within the jurisdiction of the Karnataka Administrative tribunal established under the provisions of the Administrative Tribunals act, 1985. In view of Section 29 of the act read with Clause (d) of Art. 323-A (2) of the Constitution of India, the jurisdiction of this Court under Article 226 of the constitution is totally barred in respect of service matters. (See : Sampath Kumar v. Union of India, A. I. R. 1987 S. C. 386, and S. M. Patnaik v. Secretary, Govt. of India, ILR 1986 Kar. 3954 ). The learned Counsel for the petitioner submitted that the petitioner had presented an application before the Karnataka administrative Tribunal and the Tribunal had taken the view that the petitioner was not a member of the civil service and therefore the Administrative Tribunal has no jurisdiction. ( 3 ) THE learned Counsel submitted that as the Administrative Tribunal has held that it has no jurisdiction, it automatically follows that this Court has jurisdiction. ( 4 ) THE question as to whether this court has jurisdiction or not depends upon the question as to whether the petitioner holds a civil post or is a member of the civil service. The Supreme Court in the case of State of Assam v. Kanak chandra Dutta (A. I. R. 1967 S C. 884) has laid down criteria to find out as to whether a person holds a civil post.
The Supreme Court in the case of State of Assam v. Kanak chandra Dutta (A. I. R. 1967 S C. 884) has laid down criteria to find out as to whether a person holds a civil post. The test laid down are : (1) Whether the person is employed by the Union or the State on the civil side of its administration as distinct from the defence side : (2) Whether there is an element of service i. e. the person concerned should be employed to do a particular service whether the service is part-time or full time ) (3) Whether the relationship of master and servant between the person concerned and the State exists : (4) Whether the State has the right to select and appoint a person concerned to the post ; (5) Whether the State has the power to suspend or remove him from service ; (6) Whether the State has got control over the manner and method of his working ; (7) Whether the wages, salary and remuneration are paid out of the State fund ; (8) Whether the nature of the work is such that it is part of the affairs of the State. ( 5 ) AS far as the stipendary employee is concerned, in my opinion it answers every one of the test as laid down in the aforesaid Judgment of the Supreme Court. The order of appointment dated 3-8-1978 is produced as Annexure-A. It reads :- "government of Karnataka directorate of Youth Services, nrupathunga Road, bangalore-1, Dt : 3-8-78. Appointment Order sub :- The Stipendary Employment Scheme, a Scheme of employment for unemployed Graduates, Post-Graduates and Diploma Holders. Ref:- G. O. No. PD 112 PMM 77 B'lore dated 25th December 1977. Sri Rajashekar S. Hammigi is appointed under the stipendary employment scheme on a Stipend of Rs. 150/- per month. This amount includes the t. A. and D. A. for coming to office to head quarters once in a month for collecting the stipend as well as for reporting the work done to the District Youth services Officer. The appointment takes effect from the date of volunteer reports for duty. The appointment is valid upto 31-3-1979. He should be willing to do any job which will be assigned to him by the department including the manual work in connection with the national reconstruction.
The appointment takes effect from the date of volunteer reports for duty. The appointment is valid upto 31-3-1979. He should be willing to do any job which will be assigned to him by the department including the manual work in connection with the national reconstruction. He should report for duty immediately before the district Youth Service officer, Dharwar District and then he is posted to Dharwar Village for Adult education, His job chart is enclosed. He will have to produce all the certificates in original in support of his qualifications, date of birth, caste etc. , at the time of reporting for duty to the district Youth Service Officer. Sd/- (Joginder Singh) "director of Youth Services" the order of appointment unmistakably shows that the petitioner had been appointed under the Stipendary Employment scheme by the Director of Youth Services, who is the Appointing Authority and the head of the Department concerned. Under the terms of employment, the petitioner is required to work whole time in any office in which he is posted. There is relationship of master and servant between the petitioner and the State it is the State, which has right to select and appoint the person under the stipendary employment scheme. The State has power to suspend or remove a person from stipendary employment. His manner and method of work is controlled by the State government. His salary is paid out of the consolidated funds of the State. The nature of work in which the petitioner is employed is in a department of the State government. Therefore, the petitioner is a person, who is appointed to a civil post in connection with the affairs of the State. ( 6 ) THE definition of the words 'service matter' contained in the Administrative tribunals Act, 1985 is all pervasive. It reads : -" '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 or of any local or other authority within the territory of India or under the control of the Government of india, or as the case may be, of any corporation owned or controlled by the government as respects -"section 15 of the Act confers jurisdiction on the Tribunal in respect of service matters pertaining to the affairs of the state.
Applying the principles laid down in the case of State of Assam v. Kanak chandra Dutta, there are several decisions holding that the persons who are not full time employees are holding civil posts. In the case of Radha v. Station Director, air, Trivandrum (S. L. R. 1986 (1) karnataka, page 349, a person who was appointed as a Staff Artist on the establishment of All India Radio has been held to hold a civil post. Similar view has been taken in State of Punjab v Kuldip singh And Another S. L. R. 1983 (1) Pandh page 170 Patels and Village Accountants have been held to be persons holding civil post under the Sfate by the Supreme court in Gazulu Dasaratha Rama Rao v. State of Andhra Pradesh ( AIR 1961 sc 564 ) The Extra - Departmental Post master, who carries on the work of a Post master together with his other avocations has been held to be holding a civil post in the case of Superintendent of Post Office v. P. K. Rajamma ( AIR 1977 SC 1677 ). In view of these authorities, there can be no doubt that the petitioner holds a civil post in connection with the affairs of the State of Karnataka and therefore the matter squarely falls within the jurisdiction of the Administrative Tribunal and consequently the jurisdiction of this Court under Article 226 of the Constitution is taken away. The Petition is, therefore, rejected. --- *** --- .