R. A. Sarma, J. - (1.) Petitioner, who is a Railway employee, filed a suit in the Civil Court for declaration that he was entitled to be considered for promotion to the post of Chargeman Group-A and for mandatory injunction directing respondents to consider his promotion to the aforesaid post. Notice of the suit was served on the respondent but they did not put in appearance before the Civil Court. On 31-10-1985 Civil Court decreed ex parte the suit of the petitioner.
(2.) The Administrative Tribunal's Act, 1985 (hereinafter referred to as the Act) came into force an 1-11-1985. After the enforcement of the Act, the petitioner applied for execution of the decree and made representation on 3-2-1986 before respondents for complying with the decree but in spite of the aforesaid representation and reminder no action was taken. The respondents however, on 31-5-1986 made-an application under Order IX, Rule 13 of C. P. C. before the Civil Court for setting aside ex parte decree. This application was allowed on 3-2-1988 and ex parte decree was set aside by the Civil Court. Petitioner filed a revision against the aforesaid order of the Civil Court. The revisional court vide its order dated 27-5-1988 dismissed the revision on the ground that after the enforcement of the Act, Court had no jurisdiction to entertain any suit or proceeding in connection with the service matter of the Central Government employee. Although on merit, the revisional court had held that the order dated 3-2-1988 setting aside ex parte decree passed by the trial court is absolutely without jurisdiction. Against the aforesaid two orders dated 3-2-1988 and 27-5-1988, the petitioner has filed this writ petition before this Court.
(3.) I have heard learned Counsel for the petitioner and Sri Lalji Sinha, learned Counsel for the respondent at some length and this writ petition is being disposed of in accordance with the Rules of Court.;