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1990 (3) TMI 360

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..... leave or under Article 32 of the Constitution is by a set of Lekhpals serving in the State of Uttar Pradesh whose services have been terminated. Their Writ Petitions to the High Court have not been entertained on the ground that alternate relief is available before the U.P. Public Services Tribunal set up under U.P. Act No. 17 of 1976. In the Civil Appeal arising out of Special Leave Petition No. 8826 of 1982 the High Court examined the question at length as to whether the jurisdiction of the High Court has been taken away by the setting up of the Services Tribunal under the U.P. Act. We have heard counsel for the parties at some length as apart from this group of cases, some other cases involving the same question have also been heard and .....

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..... rrent thinking on this subject-matter at different levels. We are, therefore, of the view that the U.P. Services Tribunal should be substituted by a Tribunal under the Central Administrative Tribunals Act as early as possible in order that there may be uniformity of functioning and the High Court may be relieved of the burden of dealing with the service disputes as is the situation at present. In course of the hearing, a statement showing yearwise institution, disposal and pendency before the Public Services Tribunals has been placed before us and we extract the same for convenience: STATEMENT SHOWING THE YEARWISE DISPOSAL, FILING AND PENDING CASES BEFORE THE PUBLIC SERVICE TRIBUNALS .....

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..... 9416 A cursory analysis would show that while in 1977 two Tribunals only were functioning, in 1984 as many as five Tribunals came to be set up. The chart indicates that while institutions have sizeably fallen or remained more or less constant, there has been rapid fall in the disposal of cases. For instance, while in 1978, 4,761 cases have been disposed of, in the years 1982 and 1984 the numbers have been 1,7 18 and 1,178 respectively. Even five Tribunals in place of two have obviously not been meeting the mounting challenge of institutions. Learned counsel for the State of Uttar Pradesh was not able to indicate any specific reason as to why while the strength of Tribunals went up there was a proportionate fall in t .....

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..... have arisen on account of the Services Tribunals not having complete jurisdiction to deal with every situation arising before it would then not arise. We have pointed out that notice has been issued in a later case for the State s response to the question of Tribunals to be located at different parts of the State. State of Uttar Pradesh territorially is the second largest State in India but considering the population it comes first. Almost every part of the State is well advanced and service litigation in such setting is likely to arise everywhere. To locate the seat of the Tribunals at the State capital in such a situation is not appropriate. The accepted philosophy relevant to the question today is that justice should be taken to ever .....

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