CREATION OF U.P. PUBLIC SERVICES TRIBUNAL ACT
U.P. Public Services (Tribunal) Act
1976 have been enacted for providing the constitution of a Tribunal to
adjudicate disputes in respect of matters relating to employment of all Public
Servants of the State with the exceptions enumerated in the Act itself.
Prior to the creation of U.P. Public
Services Tribunal, the matters relating, to the Government servants were
entertained by the civil Court. But due to continuous increase in number of
cases relating to Government Servant, the Civil Court being already
overburdened, was getting it difficult to decide the cases relating to the
government servants expeditiously. The delay caused harassment and monetary
burden to the Government Servants to get their cases decided in a particular
time frame.
Besides lack of knowledge of internal
administrative functioning of the government and its departments led to
inadequate appreciation of the matters resulting into avoidable delays and
administratively anomalous situations at times This experience made review of
the system Imperative with a view to devising a more effective set-up with an
inbuilt mechanism to ensure a balance between purely judicial and
administrative inputs and approach to the service matters
It was in this back drop only that
Article 323 of the constitution was amended providing for central as well as
state services Tribunals. These Tribunals, therefore, have members drawn from
judicial as well as administrative streams as the source of recruitment. Consequently,
the state Government decided to constitute a Tribunal known as U.P. Public
Services Tribunal under U.P. Public Services (Tribunal) Act 1976 (hereinafter
referred to as Act) for adjudicating the disputes in respect of matters
relating to employment of Public Servants as defined in the Act. The 1976 Act
provides a complete mechanism regarding establishment and functioning of the
Tribunal.
The Act inter-alia provides for the
appointments of Chairman, Vice- Chairman and Members, the person, who can be
appointed to these Tribunals, their eligibility and service conditions, the
constitution of benches for deciding the nature of cases, the conditions for
filing and entertaining reference of claims before the Tribunal, the procedure
and power of the Tribunal to deal with cases and the power of contempt etc in
case of non-compliance of its orders.
After constitution of the Tribunal all
suits, appeals, revisions, review or other ancillary proceedings arising out of
such suits pending before any Court subordinate to the High court and all
revisions (arising out of interlocutory orders) pending before the High Court
on the date immediately preceding the appointed date shall abate and their
records transferred to the Tribunal (for details kindly see Section 6 of U.P.
Public Service (Tribunal) Act, 1976.
Section 3 provides for constitution of
the Tribunal and provides that the Tribunal shall consists of Chairman and one
Vice-Chairman (Judicial) and one Vice- Chairman (Administrative) and Five
Judicial Members and 5 Administrative Members (for details kindly see Section
3).
The public servant has been defined
under section 2 (b) of the Act of 1976, which is reproduced as under:
"Public Servant" means every
person in the service or pay of
i) The State Government; or
ii)
A local authority not being a
Cantonment Board; or
iii) Any other corporation owned or controlled
by the State Government (including any company as defined in Section 3 of the
Companies Act, 1956 in which not less fifty per cent of paid up share capital
is held by the State Government, but does not include (i) a person with pay or
service of any other company or a member of the All India Services or other
Central Services "Service Matter" has been defined in sub-section
(bb) of 2b as a matter relating to the conditions of service of a Public
Servant.
