P. Sambamurthy & Ors. etc. Vs. Union of India & Ors.
EmailAppeal: Review Petition Nos. 417-454 and 484 of 1987.
(W.P. Nos. 90, 112/77 & 3993, 4302, 4144/78, 815/79, 2432, 970, 3823-25, 7234/82, 63, 1218/83, 13407, 13430-46, 873-82, 3813-22, 4378-79, 4573-89, 5345-52, 7070-78, 7432, 7433-36/85, 11247, 12271/85, 579, 874, 970, 978, 998/86, 12045/85, 1190/86, 487/86 and C.A. No. 1238/86).
(W.P. Nos. 90, 112/77 & 3993, 4302, 4144/78, 815/79, 2432, 970, 3823-25, 7234/82, 63, 1218/83, 13407, 13430-46, 873-82, 3813-22, 4378-79, 4573-89, 5345-52, 7070-78, 7432, 7433-36/85, 11247, 12271/85, 579, 874, 970, 978, 998/86, 12045/85, 1190/86, 487/86 and C.A. No. 1238/86).
Petitioner: P. Sambamurthy & Ors. etc.
Respondent: Union of India & Ors.
Apeal: Review Petition Nos. 417-454 and 484 of 1987.
(W.P. Nos. 90, 112/77 & 3993, 4302, 4144/78, 815/79, 2432, 970, 3823-25, 7234/82, 63, 1218/83, 13407, 13430-46, 873-82, 3813-22, 4378-79, 4573-89, 5345-52, 7070-78, 7432, 7433-36/85, 11247, 12271/85, 579, 874, 970, 978, 998/86, 12045/85, 1190/86, 487/86 and C.A. No. 1238/86).
(W.P. Nos. 90, 112/77 & 3993, 4302, 4144/78, 815/79, 2432, 970, 3823-25, 7234/82, 63, 1218/83, 13407, 13430-46, 873-82, 3813-22, 4378-79, 4573-89, 5345-52, 7070-78, 7432, 7433-36/85, 11247, 12271/85, 579, 874, 970, 978, 998/86, 12045/85, 1190/86, 487/86 and C.A. No. 1238/86).
Judges: R.S. PATHAK, CJI, RANGANATH MISRA, V. KHALID, G.L. OZA & M.M. DUTT, JJ.
Date of Judgment: May 05, 1987
Head Note:
CONSTITUTION OF INDIA, 1950:
Article 371D – Petitions filed directly and without having been processed judicially and decided by the Administrative Tribunal – Cases remanded to the Administrative Tribunal for considera- tion in accordance with the Court’s judgment dated December 20, 1986*.
Article 371D – Petitions filed directly and without having been processed judicially and decided by the Administrative Tribunal – Cases remanded to the Administrative Tribunal for considera- tion in accordance with the Court’s judgment dated December 20, 1986*.
JUDGEMENT:
O R D E R
1. We direct that the operation of the Judgment and Order dated December 20, 1986* pronounced by this Court shall extend to those cases only which were made the subject of consideration by this Court by virtue of these petitions and appeal having been filed in this Court.
2. We direct further that in those cases where the petitions were filed directly and without having been processed judicially and decided by the Administrative Tribunal, the Order will oper-ate insofar that those cases will now stand remanded to the Administrative Tribunal for judicial consideration in accordance with the observations of this Court in the Judgment of December 20, 1986.
3. This direction will also cover those Writ Petitions which were transferred from the High Court to this Court. They shall stand transferred to the Administrative Tribunal and be consid-ered similarly.
4. In all those cases where Writ Petitions were filed against the Orders of the State Government modifying or superseding the Orders of the Administrative Tribunal, we direct that those cases shall be treated as concluded by the relative orders of the Administrative Tribunal as they stood before the said orders were interfered with by the State Government.
5. We may add that Mr. L.N. Sinha, learned counsel appearing for the Union of India in all these cases, sought the permission of the Court to urge a ground in respect of the interpretation of Article 371D of the Constitution. He contended that the power of Judicial review, even construed as a basic feature of the Consti-tution, was not precluded by the provisions of Article 317D of the Constitution and therefore the Judgment of this Court called for review. We are not satisfied, however, that we should inter-fere.
6. The Review Petitions are disposed of accordingly.
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* See JT 1987 (1) – S.C. 20
1. We direct that the operation of the Judgment and Order dated December 20, 1986* pronounced by this Court shall extend to those cases only which were made the subject of consideration by this Court by virtue of these petitions and appeal having been filed in this Court.
2. We direct further that in those cases where the petitions were filed directly and without having been processed judicially and decided by the Administrative Tribunal, the Order will oper-ate insofar that those cases will now stand remanded to the Administrative Tribunal for judicial consideration in accordance with the observations of this Court in the Judgment of December 20, 1986.
3. This direction will also cover those Writ Petitions which were transferred from the High Court to this Court. They shall stand transferred to the Administrative Tribunal and be consid-ered similarly.
4. In all those cases where Writ Petitions were filed against the Orders of the State Government modifying or superseding the Orders of the Administrative Tribunal, we direct that those cases shall be treated as concluded by the relative orders of the Administrative Tribunal as they stood before the said orders were interfered with by the State Government.
5. We may add that Mr. L.N. Sinha, learned counsel appearing for the Union of India in all these cases, sought the permission of the Court to urge a ground in respect of the interpretation of Article 371D of the Constitution. He contended that the power of Judicial review, even construed as a basic feature of the Consti-tution, was not precluded by the provisions of Article 317D of the Constitution and therefore the Judgment of this Court called for review. We are not satisfied, however, that we should inter-fere.
6. The Review Petitions are disposed of accordingly.
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* See JT 1987 (1) – S.C. 20
