Since the Madhya Pradesh Ordinance No.
Notices were issued to the State of Madhya Pradesh and other respondents.
A writ of Mandamus was sought to declare Section 74 of the Act of 2000 unconstitutional and ultra vires.
Union of India has also challenged the decision of the High Court of Madhya Pradesh in Civil Appeal Nos.8292 95 of 2002 against certain directions of the High Court.
We may also observe at this stage that Writ Petition No.
In Special Leave Petition Nos.23615 and 23616 of 2002, the decision upholding companystitutional validity of sub section 1 of Section 74 of the Act of 2000 is challenged.
On 17.7.2001 order was passed by the Tribunal which is alleged to be the ground for abolition of the Tribunal.
3597 of 2001 and W.P. No.4129 of 2001 by Madhya Pradesh Class III Government Employees Association.
A numberification was issued on 25th July, 2001 by the State of Madhya Pradesh by which the Madhya Pradesh State Administrative Tribunal had been abolished.
On 26.4.2001 both the State Government agreed to abolish the Tribunal for both the States.
Similar petitions were filed being W.P. No.3529 of 2001 by K. Shrivastava, a Member of the Administrative Tribunal, W.P. No.3525 of 2001 by Sanjay Kumar Misra, W.P. No.
Other matters which were subsequently filed were also ordered to be heard along with Civil Appeal No.5327 of 2002.
A further prayer was made to quash and set aside a numberification, a circular and an order dated July 25, 2001 by which the State Administrative Tribunal was sought to be abolished and companysequential actions were taken.
3551 of 2001 by Kamal Joshi, W.P. No.3554 of 2001 by Nemi Chand, all employees of the State Administrative Tribunal, W.P. No.
On 3.4.2001 i.e. the same day the reply was sent by the Government of Madhya Pradesh to the Government of Chhattisgarh giving reasons for abolition of the Tribunal and also suggesting to companystitute own Tribunal, if so desired.
374 of 2003 was filed by one Chhadami Lal and Writ Petition No.
as the Chhattisgarh Government had numberpower.
A request was, therefore, made to the Central Government to companystitute State Administrative Tribunal and, accordingly, a numberification was issued on June 29, 1988 and the Tribunal was companystituted on August 2, 1988.
By an order of even date, the State Government terminated the services of all officers and employees other than those on deputation with immediate effect as their services were numberlonger required.
The details shall be worked out as per principles of natural justice.
In the alternative, a prayer was made to issue a writ of Mandamus to hold that Section 74 would number apply to State Administrative Tribunal.
On abolition of the Tribunal, the officers and employees thereof shall be dealt with by the State Government as per their service companyditions, including their absorption in other Departments of the State Government.
Initially there was only a Principal seat at Jabalpur.
The respondents appeared.
The Court also indicated that Parliament appeared to have granted an opportunity of re determination to both the successor States in view of substantial changed circumstances necessitating review of all existing bodies keeping the experience of the old State.
It was thus in the exclusive discretion of the successor States and numberpower or authority had been given to the Central Government in the said process.
Since the numberification Annexure P 1 abolishing the State Administrative Tribunal has been issued by the State Government itself, and number by the Central Government, the numberification Annexure P 1 shall stand quashed.
22648 of 2002 and 23615 23616 of 2002.
369 OF 2003 AND 374 OF 2003 Thakker, J. Leave granted in Special Leave Petition Civil Nos.
5328 OF 2002, CIVIL APPEAL NO.
On abolition of the Tribunal, the Chairman, Vice Chairman and Members shall be entitled to have companypensation for unexpired term of their services from the State Government.
On 27.3.2001 a reply from the Government of Chhattisgarh was received seeking further information etc.
Consequent to quashment of the Notification Annexure P 1 , the Circular Annexure P 2 and the Order Annexure P 3 also stand quashed.
OF 2004 S.L.P. C No.
23615 23616 of 2002, CIVIL APPEAL Nos.
Being aggrieved by the said actions, the petitioner Association approached the High Court of Madhya Pradesh by invoking Articles 226 and 227 of the Constitution.
WITH CIVIL APPEAL No.
It was asserted in the companynter that establishment of State Administrative Tribunal was number obligatory.
OF 2004 S.L.P. C Nos.
The sub sections 2 and 3 of Section 74 of the P. Reorganisation Act are declared ultra vires.
Being aggrieved by the order passed by the High Court, the Bar Association instituted Special Leave Petition Civil No.16108 of 2002 on July 11, 2002.
In the light of the said decision, numberification, circular and order dated 25th July, 2001 were quashed by the Court.
On 23.7.2001 a letter was received by the Government of Madhya Pradesh from the Government of Chhattisgarh again reiterating to abolish the Tribunal.
In 1997, even the fourth Bench was established at Raipur.
On 3.4.2001 second letter from the Government of Chhattisgarh was received reminding that they were waiting fro reply of the Government of Madhya Pradesh.
An affidavit in reply was filed by the State of Madhya Pradesh supporting the actions taken by the Government.
369 of 2003 by the Government Employees Class III Association.
22648 of 2002, CIVIL APPEAL NOs.
8292 8295 OF 2002, WRIT PETITION C Nos.
Later on, three Benches were established at Gwalior, Indore and Bhopal.
The State Government was number bound to companystitute the Tribunal.
