In the absence of lack of inherent jurisdiction to deal with the issue, the judgment is a nullity. It has no existence in law. It is well settled in law that the judgment passed is a nullity if it is passed by a court having no inherent jurisdiction

Part-3

27/02/2017

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10131 OF 2016
[Arising out of SLP(C) NO. 31556 OF 2013]
Mohammed Ansari ... Appellant
Versus
Union of India & Ors. ...Respondents
JUDGMENT

(Continued from previous issue)……
15. The aforesaid circular carves out certain exceptions. These exceptions include the GREF from purview of the 1950 Act in certain cases pertaining to service matters, in particular. To appreciate the controversy, it is pertinent to mention the exceptions which feature in Schedule A. They read as follows:-
“SCHEDULE-A
EXCEPTIONS
SECTIONS 10, 11, 13 to 17, 20, 22 to 24, 43, 44 CLAUSES (d), (e), (f), (g) and (k) of Section 71, 74 to 78 clauses (e), (f) and (j) of Section 80 and clauses (a) Section 84.”
The aforesaid exceptions clearly show that the 1950 Act has not been applied in entirety to the members of GREF.
16. In this regard, it is pertinent to reproduce Section 2(a) of the Administrative Tribunals Act, 1985, which reads as follows:-
“2. Act not to apply to certain persons: The provisions of this Act shall not apply to –
(a) any member of the naval, military or air forces or of any other armed forces of the Union;”
17. Section 3(q) of Administrative Tribunals Act, 1985, which is also relevant is reproduced below:-
“3(q) “service matters”, in relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India, or, as the case may be, of any corporation or society owned or controlled by the Government, as respects- (i) remuneration (including allowances), pension and other retirement benefits;
(ii) tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation;
(iii) leave of any kind;
(iv) disciplinary matters; or
(v) any other matter whatsoever;”
18. On a plain reading of both the provisions, it is noticeable that the language of the provisions is absolutely plain and the Act does not apply to any member of the armed forces and, therefore, the High Court is justified in holding that Central Administrative Tribunal does not have the jurisdiction to deal with the controversy. In this regard, reliance has been placed in the order passed on January 9, 1998 in the case of Vidyawati (supra):-
“As it appears to us that members of General Reserve Engineer Force cannot move the Central Administrative Tribunal in view of the decision of this Court in R. Viswan & Ors. v. Union of India & Ors. (AIR 1983 SC 558), that impugned decision of the Central Administrative Tribunal cannot be sustained and therefore is set aside. Liberty is, however, given to the respondent to move the High Court for appropriate relief if that respondent so desires. If such writ petition is filed, it will be appreciated if that High Court disposes of the same at an early date in view of the respondent is an aged widow.”
19. Be it noted the High Court has relied on the same. It has referred to the decision in L. Chandra Kumar v. Union of India3, but we are disposed to think that it is not necessary to be adverted to the same, as there can be no trace of doubt that the Central Administrative Tribunal has not been conferred jurisdiction to deal with the lis in question.
20. The next issue that emerges for consideration is whether after coming into force of the 2007 Act, it will be the Armed Forces Tribunal which shall deal with the controversy or the High Court would still have the original jurisdiction under Article 226 of the Constitution of India. The Statement of Objects and Reasons of the 2007 Act clearly postulate that the Armed Forces Tribunal is constituted for the adjudication of complaints and disputes regarding service matters and appeals arising out of the verdicts of the court-martial of the members of the three services (Army, Navy and Air Force) to provide for quicker and less expensive justice to the members of the said Armed Forces of the Union. Section 2 which deals with the applicability of the 2007 Act, reads as follows:-
“2. Applicability of the Act : (1) The provisions of this Act shall apply to all persons subject to the Army Act, 1950, (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950).
(2) This Act shall also apply to retired personnel subject to the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (45 of 1950) including their dependants, heirs and successors, in so far as it relates to their service matters.”
21. Section 3(o) of the 2007 Act deals with jurisdiction of the Armed Forces Tribunal in respect of service matters. It is as follows:-
“3(o) “service matters”, in relation to the persons subject to the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950), mean all matters relating to the conditions of their service and shall include –
(i) remuneration (including allowances), pension and other retirement benefits;
(ii) tenure, including commission, appointment, enrolment, probation, confirmation, seniority, training, promotion, reversion, premature retirement, superannuation, termination of service and penal deductions;
(iii) summary disposal and trials where the punishment of dismissal is awarded;
(iv) any other matter, whatsoever, but shall not include matters relating to—
(i) orders issued under section 18 of the Army Act, 1950 (46 of 1950), sub-section (1) of section 15 of the Navy Act, 1957 (62 of 1957) and section 18 of the Air Force Act, 1950 (45 of 1950); and
(ii) transfers and postings including the change of place or unit on posting whether individually or as a part of unit, formation or ship in relation to the persons subject to the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950).
(iii) leave of any kind;
(iv) Summary Court Martial except where the punishment is of dismissal or imprisonment for more than three months;
22. Section 14 of the 2007 Act relates to jurisdiction, power and authority of the tribunal, which is extracted below:-
“14. Jurisdiction, powers and authority in service matters.—(1) Save as otherwise expressly provided in this Act, the Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority, exercisable immediately before that day by all courts (except the Supreme Court or a High Court exercising jurisdiction under Articles 226 and 227 of the Constitution) in relation to all service matters.
(2) Subject to the other provisions of this Act, a person aggrieved by an order pertaining to any service matter may make an application to the Tribunal in such form and accompanied by such documents or other evidence and on payment of such fee as may be prescribed.
(3) On receipt of an application relating to service matters, the Tribunal shall, if satisfied after due inquiry, as it may deem necessary, that it is fit for adjudication by it, admit such application; but where the Tribunal is not so satisfied, it may dismiss the application after recording its reasons in writing.
(4) xxxxxxxxxx
(5) xxxxxxxxxx”
23. The language employed in Section 2 of the 2007 Act the lays the postulate that it will apply subject to the 1950 Act. Section 4 of the 1950 Act occurs in Chapter II which comes under the heading ‘Special provisions for the application of Act in certain cases”, which reads as follows:-
“4. Application of Act to certain forces under Central Government.-(1) The Central Government may, by notification, apply, with or without modifications, all or any of the provisions of this Act to any force raised and maintained in India under the authority of that Government, and suspend the operation of any other enactment for the time being applicable to the said force.
(2) The provisions of this Act so applied shall have effect in respect of persons belonging to the said force as they have effect in respect of persons subject to this Act holding in the regular Army the same or equivalent rank as the aforesaid persons hold for the time being in the said force.
(3) The provisions of this Act so applied shall also have effect in respect of persons who are employed by or are in the service of or are followers of or accompany any portion of the said force as they have effect in respect of persons subject to this Act under clause (i) of sub- section (1) of section (2).
(4) While any of the provisions of this Act apply to the said force, the Central Government may, by notification, direct by what authority any jurisdiction, powers or duties incident to the operation of these provisions shall be exercised or performed in respect of the said force.

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