- (1.) This petition presents a peculiar state of facts. The respondent No. 4, R. A. Dubey, was an employee of the Department of Telecommunication from which he retired on 30-4-1980. Some disciplinary proceedings initiated during the service of the said respondents were concluded only after his retirement. He was, however, eventually cleared of the charges and given the selection grade along with his arrears of pay etc. The respondent No. 4 filed a Civil Suit No. 1398 of 1983 against the petitioners seeking a declaration that he should be deemed to have been in Group B service of the Tele-communication Wing in the Post and Telegraph Department w.e.f. 8-8-1973 till his retirement. This suit was decreed ex parte on 7-5-1985. Thereafter the petitioners filed an application before the learned Munsif stating that they came to know of the ex parte decree only on the date of the attachment of some properties of the Department on 16-7-1986. The ex parte decree was set aside by the learned Munsif on 17-7-1986 allowing the application of the petitioners filed under O. IX, R. 13 of the Civil P.C.
(2.) Against that order the respondent No. 4 preferred an appeal before the learned District Judge, Gorakhpur which was heard and disposed of by the learned IIIrd Addl. District Judge by his judgment and order dt. 19-8-1987. The learned District Judge allowed the appeal and set aside the judgment and order of the learned Munsif dt. 17-7-1986 on the ground that with the establishment of the Tribunals under the Administrative Tribunals Act, learned Munsif had ceased to have any jurisdiction to deal with the matter. Aggrieved by that order, the petitioners approached the Administrative Tribunal, Allahabad Bench which has by the impugned order dt. 26-10-1987 dismissed the appeal on the short ground that the same is not covered by the provisions of S. 29-A of the Administrative Tribunals Act.
(3.) The present petition is directed against the order of the Tribunal. The first relief claimed by the petitioner is that a direction be issued to the Central Administrative Tribunal, Allahabad Bench to summon the file of Suit No. 1398 of 1983 of the Court of the learned Munsif, Gorakhpur and to decide the application under O. 9, R. 13 of the Civil P.C. The second relief prayed for is that the order passed by the learned Additional District Judge allowing the appeal of the fourth respondent and setting aside the order of the learned Munsif be quashed.;