PUBLIC SERVICES TRIBNAL BAR ASSOCIATION Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These appeals are directed against a common order passed by a Full Bench of Five-Judges of the High Court of Allahabad in Civil Writ Petition No. 4285 (MB) of 1999, Public Services Tribunal Bar Association vs. State of U.P. and another, Civil Writ Petition No. 871 (MB) of 2000, Afzal Ahmad Siddiqui vs. State of U.P. and others and Civil Writ Petition No. 1262 (MB) of 2000, Shireesh Kumar vs. State of U.P. and others, wherein the High Court has dismissed the writ petitions challenging the vires of the U.P. Public Services (Tribunal) Act, 1976, as amended from time to time. The High Court has upheld the constitutional validity of the Act as well as the subsequent amendments made therein.

(2.) To effectively adjudicate the dispute arising in these appeals it would be necessary to have a look at the events in a chronological order which are given in brief as under :

(3.) The U.P. Public Services (Tribunal) Act, 1976 (for short "the Act") was promulgated relating to public servants of the State Government and the employees of the Government undertakings, local bodies etc. having power to grant interim relief as well. Before the coming into force of the Act the public servants were approaching Civil Courts for redressal of their grievances arising out of their service matters by filing civil suits before the Civil Court of competent jurisdiction or by approaching the High Court under Art. 226 of the Constitution of India. After the coming into force of the Act the jurisdiction of the Civil Court was taken away. The decision to have a separate service Tribunal was taken by the State Government after considering the increasing workload of the Civil Courts and the delay in disposal of the service matters. The purpose for creating the Tribunal has been indicated in the statement of objects of the Act, which reads as under :