Madurai Bench dismisses IT Commissioner’s plea

Staff Reporter

“Petitioner can move Central Administrative Tribunal”

SC has barred filing of writ pleas in service matters without going to tribunals

A. Selvaraj had sought to alter his date of birth

MADURAI: The Madurai Bench of the Madras High Court has dismissed a writ petition filed by the Chief Commissioner of Income Tax, A. Selvaraj, to alter his date of birth from August 15, 1947 to August 16, 1949 in the service register in consonance with a civil court decree.

Justice K. Chandru held that the court could not exercise the writ jurisdiction in such matters and only course open to the petitioner was to move the Central Administrative Tribunal.

Referring to Section 3 (q) of the Administrative Tribunals Act, the Judge said that disputes relating to remuneration, retirement benefits, tenure of service, promotion, superannuation, disciplinary matters and so on were vested exclusively on the tribunals.

He recalled that the Supreme Court judgment rendered in L. Chandra Kumar versus the Union of India (1997) barred filing of a writ petition in service matters, at the first instance, without approaching the tribunals. The Judge refused to accept the petitioner’s argument that the writ jurisdiction could be invoked as he had made only an innocuous request.

According to the Chief Commissioner, the High Court too confirmed the civil court decree while disposing of a revision petition filed by the Union Department of Personnel. Despite the orders, necessary alterations were not carried out in the service register and hence the writ petition.

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