DIPAK MISRA,J. - (1.) The appellant was appointed as an Assistant Executive Engineer (E&M) vide order dated 03.06.1985 in Border Roads Engineering Services (BRES) by the competent authority of the Government of India, Ministry of Shipping and Transport. In due course, he was promoted to the post of Executive Engineer (E&M) on 30.05.1997 and thereafter promoted to the grade of Superintending Engineer (E&M) in General Reserve Engineering Force (GREF) of Border Roads Organization in the pay scale of Rs.12000-375-16500/- with effect from the date he assumes the charge of the post. The appellant after completion of more than requisite years of service was not granted non-functional financial upgradation for officers of Organised Group A and that compelled him to make representation to the concerned authorities but the same were turned down on the ground that he had not fulfilled the stipulated command posting of two years. Being aggrieved by the said communication, the appellant preferred Original Application No. 102 of 2012 before the Central Administrative Tribunal, Guwahati Bench, Guwahati.
(2.) The respondent filed a preliminary objection regarding jurisdiction of the tribunal. The tribunal decided the issue in favour of the appellant vide order dated 18.06.2012. The tribunal referred to its own decision in Ramkali Mishra & Ors. v. Union of India passed by the Lucknow Bench wherein it has been held as follows:- "9. From what has been discussed above, the applicant, who is a directly recruited personnel of G.R.E.F., is governed by Rules of 1965 except for those rights which are restricted by S.R.O. 329 as amended by SRO 364 and 330 issued under section 4 of the Act of 1950 and read with Article 33 of the Constitution of India, in view of this, this Tribunal has jurisdiction to entertain the present O.A. filed against the order of removal passed against the applicant under Rules of 1965." Being of this view the tribunal opined that it has jurisdiction to entertain the original application.
(3.) Dissatisfied with the order of the tribunal, the respondents preferred W.P. (C) No. 4074 of 2012 seeking quashment of the order passed by the tribunal. The High Court by the impugned order dated 2.8.2013 posed the following question:- "Whether a member of the GREF can be regarded as member of Armed Forces, for, such a member, if regarded, in law, as a member of the Armed Forces, then, would the provisions, embodied in the Administrative Tribunals Act, 1985, not be available to such a member ;