GIST OF MUMBAI-CAT JUDGEMENT DATED 22-JAN-2016...

The Mumbai-CAT’s judgement on the Notification of draft Grp-A RRs was issued on 22-Jan-2016, and gist of the order is as given below :-

CAT is convinced that, in the context of modification of Grp-A RRs, the consultation with UPSC is mandatory and their role is still incomplete, in the light of the Hand Book of 2013 as per paras 3.2.5 to 3.2.7.  Also, in view of the Ministry of Finance’s request to “reconsider”, vide their letter dated 22.12.2015, clearly shows that the matter is now pending with the UPSC for its re-consideration.

Moreover, it is evident that the consultation with the UPSC is an ongoing process and cannot be deemed to have concluded. Hence, it would be premature to subject this matter to judicial review by this Tribunal, until the consultation process reaches a logical conclusion in the eyes of the Government itself, after taking due note of all the views. Hence this Tribunal is unwilling to enter into an arena where angels fear to tread. This Tribunal is not inclined to subject this matter for judicial review at this juncture and sub-plant the mandated Constitutional roles assigned to the UPSC, by prematurely adjudicating this OA.

In view of the above, this OA is disposed of with a direction to Respondents-1 to Respondents-3 to decide or obtain the decision of the Competent Authority, as need be, to resolve all the issues in this controversy, in accordance with law, within a period of four months from the date of receipt of certified copy of the order. We have not gone into merits of the case.

The applicants are at liberty to approach this Tribunal in case they are aggrieved by any of the decisions taken in this matter by the Competent Authority in Government.

Accordingly, OA is disposed of. No order as to costs.

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