1978 (9) TMI 174 - SC - Indian Laws

Summary

Issues Involved:
1. Interpretation, scope, and impact of Article 371-D on Articles 226, 229, and 235 of the Constitution.
2. Jurisdiction of the Andhra Pradesh Administrative Tribunal over High Court staff and subordinate judiciary.
3. Validity of the premature retirement orders of the respondents.

Detailed Analysis:

1. Interpretation, Scope, and Impact of Article 371-D on Articles 226, 229, and 235 of the Constitution:
Article 371-D was inserted to provide equitable opportunities in public employment and education for people from different parts of Andhra Pradesh. The Court examined whether this Article affects the jurisdiction of the High Court under Articles 226, 229, and 235. The Court noted that Article 371-D(3) allows the President to constitute an Administrative Tribunal to handle matters related to appointments, promotions, and conditions of service in the State's civil services. However, the Court emphasized that Articles 229 and 235 are designed to ensure the independence of the judiciary by vesting exclusive control over High Court staff and subordinate judiciary in the Chief Justice and the High Court, respectively.

2. Jurisdiction of the Andhra Pradesh Administrative Tribunal over High Court Staff and Subordinate Judiciary:
The Court analyzed whether the Administrative Tribunal has jurisdiction over the High Court staff and subordinate judiciary. It was concluded that the phrase "civil services of the State" in Article 371-D does not include the High Court staff and subordinate judiciary. The Court reasoned that including the judiciary under the Tribunal's jurisdiction would undermine the independence of the judiciary, a fundamental principle enshrined in the Constitution. The non obstante clause in Article 371-D(10) does not extend to Articles 229 and 235, which specifically govern the judiciary's independence.

3. Validity of the Premature Retirement Orders of the Respondents:
The Court addressed the validity of the premature retirement orders issued to the respondents. The Tribunal had set aside these orders on the grounds that they were arbitrary and amounted to a penalty of dismissal or removal from service, violating Article 311(2). However, the Court held that the Tribunal lacked jurisdiction to entertain these matters, as they pertained to the judiciary, which is outside the purview of Article 371-D. Consequently, the Tribunal's orders were declared null and void.

Conclusion:
The Court allowed Civil Appeal No. 2826 of 1977 and Civil Appeal No. 278 of 1978, quashing the orders of the Andhra Pradesh Administrative Tribunal. It was held that the jurisdiction over the High Court staff and subordinate judiciary remains exclusively with the Chief Justice and the High Court, as per Articles 229 and 235, respectively. The respondents were advised to challenge their premature retirement orders through writ petitions in the High Court, which would be heard on merits without objections on grounds of delay or laches.