I.M.Quddusi, J. - (1.) Heard learned Counsel, for the appellants, Shri R.S. Tripathi and Shri M.A. Khan, learned Counsel, for the respondent. This second appeal has been filed against the judgment and decree dated 14.5.99 passed by the Special Additional District Judge, Kheri in Civil Appeal No. 124/98 (Musammat Sabira Begum v. State of U.P. and Anr.) setting aside the judgment and decree dated 6.8.97 passed by the Civil Judge (Sr. Division), Lakhimpur Kheri in original suit No. 131/91 (Musammat Sabira Begum v. State of U.P. and Anr.) alongwith CM. Application No. 1645 (S) of 1999 for condonation of delay in filing the appeal under Section 5 of the Limitation Act. The aforesaid application has been allowed today by this Court vide orders dated 1.9.2000, therefore, the appeal has been heard for the purpose of admission.
(2.) Brief facts of the case are that the respondent Musammat Sabira Begum had filed a Civil suit in the Court of Civil Judge (Sr. Division), Lakhimpur Kheri as pauper suit, stating therein that her husband was a Regular Collection Peon in Tehsil Mohammadi, District Kheri, who died on 22.2.1977 while he was in service. His G.P.F. was also being deducted. The service book was also maintained in the office, but she had not been given family pension for which she was entitled. The trial Court summoned the record also, but only Bill Register of July, 1977 of the Collection peons was produced through witnesses DW-1 and AAWVN-1, Sudhir Soni in which the name of the plaintiff's husband Late Hikmatullah finds place. The bills of the salary prepared for the regular collection peons was also shown, in which the name of the plaintiffs husband was also there. The learned trial Court summoned the record, but the same was not produced. Even service book of Late Hikmatullah was also not produced. The learned trial Court had given findings in favour of the plaintiff except on one issue in which it was held that Late Hikamatullah was in the regular service of the defendants and was posted on the post of Collection Peon and an inference was also drawn against the defendants for not producing other documents, but dismissed the suit on the ground that Civil Court has no jurisdiction to decide that said suit in view of the specific bar of Section 6 of the U.P. State Public Services (Tribunals) Act against which the present plaintiff respondent filed a Civil Appeal No. 124/98 which has been allowed on 14.5.99 while confirming the findings given in the other issue the learned First Appellate Court had given finding on the issues without jurisdiction and held that the Civil Court has jurisdiction to decide the suit of the appellant before that Court as the U.P. State Public Services (Tribunals) Act provides the jurisdiction of the service tribunal of an aggrieved person who is or has been a public servant. With regard to the findings of fact there is no question of interference by this Court as there are concurrent findings of fact by both the Courts below. With regard to the jurisdiction, only question of interpretation of Sections 4, 5 (1) (a),and 6 of the U.P. State Public Services (Tribunals) Act, 1976 is to be considered first of all which are quoted as under : "4. Reference of claims to Tribunal.-If any person who is or has been a public servant claims that in any matter relating to employment as such public servant, his employer or any officer or authority subordinate to the employer has dealt with him in a manner which is not in conformity with any contract, or (a) in the case of a Government servant, with the provisions of Article 16 or Article 311 of the Constitution or with any rules or law having force under Article 309 or Article 313 of the Constitution. (b) in the case of a servant of a local authority or a statutory corporation, with Article 16 of the Constitution or with any rules or regulations having force under any act of Legislature constituting such authority or corporation; he shall refer such claim to the Tribunal, and the decision of the Tribunal thereon shall subject to the provisions of Articles 226 and 227 of the Constitution, be final. (Provided that no reference shall, subject to the terms of any contract, be made in respect of a claim arising of the transfer of a public servant). Provided (further) that no reference shall ordinarily be entertained by the Tribunal until the claimant has exhausted his departmental remedies under the rule applicable to him. 5. Powers and procedure of the Tribunal.-(1) (a) The Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (Act V of 1908), or the rules of evidence contained in the Indian Evidence Act 1872 (Act I of 1872), but shall be guided by the principles of natural justice, and subject to the provisions of this section and of any rules made under Section 7, the Tribunal shall have power to regulate its own procedure (including the fixing of places and times of its sittings and deciding winether to sit in public or in private). (Provided that where, in respect of the subject matter of a reference) a competent Court has already passed a decree or order or issued a writ or direction, and such decree, order, writ or direction has become final, the principle of resjudicata shall apply). 6. Bar of suits.-(1) No suit shall lie against the State Government or any local authority or any statutory, corporation or company for any relief in respect of any matter relating to employment at the instance of any person who is or has been a public, servant, including a person specified in clauses (a) to (e) of Sub-section (4) of Section 1. (2) All suits for the like relief, and all appeals, revisions, application for review and other incidental or ancillary proceedings (including all proceedings under Order XXXIX of the first Schedule to the Code of Civil Procedure, 1908) (Act V of 1908), arising out of such suits, and all applications for permission to sue or appeal as pauper for the like relief, pending before any Court subordinate to the High Court and all revisions (arising out of interlocutory orders) pending before the High Court on the date immediately preceding the appointed date shall abate, and their records shall be transferred to such Tribunal as the State Government may specify, and thereupon the Tribunal shall decide the cases in the same manner as if they were claims referred to it under Section 4 : Provided that the Tribunal shall, subject to the provisions of Section 5, recommence the proceedings from the stage at which the case abated as aforesaid and deal with any pleadings presented or any oral or documentary evidence produced, in the Court as if the same were presented or produced before the Tribunal. (3) All appeals pending before the High Court on the date immediately preceding the appointed date arising out of such suits shall continue to be heard and disposed of by that Court as heretofore as if this Act had riot come into force: Provided that if the High Court considers it necessary to remand or refer back the case under Rule 23 or Rule 25 or Order XLI of the first Schedule to the Code of Civil Procedure, 1908 (Act V of 1908), the Order of remand or reference shall be directed to such Tribunal as the State Government may specify instead of to the subordinate Court concerned and the Tribunal shall thereupon decide the case or issue, subject to the directions of the High Court in the same manner as if it were a claim referred to it under Section 4."
(3.) Perusal of Section 4 of the aforesaid Act says that only a person who is or has been a public servant should file a claim petition before U.P. Public Services Tribunal in respect of any matter relating to his employment, if such a public servant comes with a grievance that employer or any office or authority subordinate to the employer has dealt with him in a manner which is not in conformity with the provisions of law. The definition of public servant has been given in Section 2 (b) of the Act which is given as under : ""Public Servant" means every person in the service or pay of (i) the State Government; or (ii) a local authority not being a Cantonment Board, or (iii) any other Corporation owned or controlled by the State Government (including any company as defined in Section 3 of the Companies act, 1956 in which not less than fifty percent of paid up share capital is held by the State Government) but, does not include. (1) a person in the pay or service of any other company, or (2) a member of the All India Services of other Central Services.";