Cwp v. Major General Sirikant Sharma & Another And In View Of Ruling Reported In Jt 2013(11) Sc 387 Titled Commissioner Of Income Tax And Others Vs. Chhabil Dass Aggar

CWP No.6616 of 2013 05.06.2015 Present : Mr. H. C. Sharma, Advocate for the petitioner Mr. J. S. Rana, Asstt. A.G. for the respondents-State Ms. Kamlesh Shandil, Advocate for respondents No.4 to 7 As per relief clause petitioner has sought relief that she should be retained as Cook in Govt. Primary School, Geha. Petitioner has also sought relief that co-respondent No.4 be restrained from terminating the service of the petitioner as Cook in Govt. Primary School, Geha. (1) Matter in dispute is public utility service directly connected with the affairs of the State Government. (2) Remuneration is paid to the petitioner from public exchequer which is directly under the control of the State Government. (3) Govt. Primary School, Geha is directly under the control of the State Government. In view of the above stated facts it is held that matter in dispute is service matter as defined in Section 3(q) of The Administrative Tribunals Act, 1985. Section 3(q) is saved as per saving clause mentioned in Section 15 of The Administrative Tribunals Act, 1985. The Administrative Tribunals Act, 1985 is special Act passed by Parliament of India. In view of notification No. GSR 926-E dated 29.12.2014 issued by Union of India and notification No. Per(AP-B)B(15)4/2015 dated 25.03.2015 issued by H.P. State Government and in view of ruling reported in JT 2015(4) SC 576 titled Union of India & others vs. Major General Sirikant Sharma & Another and in view of ruling reported in JT 2013(11) SC 387 titled Commissioner of Income Tax and others vs. Chhabil Dass Aggarwal,present case is transferred to H.P. State Administrative Tribunal for disposal under Section 29 of The Administrative Tribunals Act, 1985. Be listed before the H.P. State Administrative Tribunal on 18.06.2015 for effective hearing as prayed by learned Advocate appearing on behalf of the petitioner. 5[th] June,2015 (rana) (P. S. Rana), Judge.