Reference of Claims to Tribunal

 

 Reference of Claims to Tribunal

          Reference or claim petitions, as they are ordinarily referred, are filed before the Tribunal under Section 4 of the U.P. Public Service Tribunal Act, 1976. Section 4 provides for presenting a reference of claim to the Tribunal by a Public Servant for redressal of his grievance. For appreciating the procedure and conditions of preferring a reference of claim to the Tribunal it is pertinent to reproduce the provisions of Section 4, which is as follows:

          (1) Subject to the other provisions of this Act, a person who is or has been a public servant and is aggrieved by an order pertaining to a service matter within the jurisdiction of the Tribunal, may make a reference of claim to the Tribunal for the redressal of his grievance.

          Explanation -For the purpose of this sub-section "order" means an order or omission or inaction of the State Government or a local authority or any other corporation or company referred to in clause (b) of Section 2 or of an officer, committee or other body or agency of the State Government or such local authority or Corporation or company.

          Provided that no reference shall, subject to the terms of any contract, be made in respect of a claim arising out of the transfer of a public servant.

          Provided further that in the case of the death of a public servant, his legal representative, and where there are two or more such representatives, all of them jointly, may make a reference to the Tribunal for payment of salary, allowances, gratuity, provident fund, pension and other pecuniary benefits relating to services due to such public servant.

          (2) Every reference under sub-section (1) shall be in such form and be accompanied by such documents or other evidence and by such fee in respect of filing of such reference and by such other fees for the services or execution of processes, as may be prescribed.

          (3) On receipt of a reference under sub-section (1), the Tribunal shall, if satisfied after such inquiry as it may deem necessary that the reference is fit for adjudication or trial by it, admit such reference and where the Tribunal is not so satisfied, it shall summarily reject the reference after recording its reasons.

          (4) Where a reference has been admitted by the Tribunal under sub- section (3), every proceeding under the relevant service rules or regulation or any contract as to redressal of grievances in relation to the subject-matter of such reference pending immediately before such admission shall abate, and save as otherwise directed by the Tribunal, no appeal or representation in relation to such matter shall thereafter be entertained under such rules, regulations or contract.

          (5) The Tribunal shall not ordinarily admit a reference unless it is satisfied that the public servant has availed of all the remedies available to him under the relevant service rules, regulations or contract as to redressal of grievances.

          (6) For the purpose of sub-section (5) a public servant shall be deemed to have availed of all the remedies available to him if a final order has been made by the State Government, an authority or officer thereof or other person competent to pass such order under such rules or regulations or contract rejecting any appeal preferred or representation made by such public servant in connection with his grievance.

          Provided that where no final order is made by the State Government, authority officer or other person competent to pass such order with regard to the appeal preferred or representation made by such public servant within six months from the date on which such appeal was preferred or representation was made, the public servant may, by a written notice by registered post, require such competent authority to pass the order and if the order is not passed within one month of the service of such notice, the public servant shall be deemed to have availed of all the remedies available to him.

          (7) For the purposes of sub-sections (5) and (6) any remedy available to the public servant by way of submission of a memorial to the Governor or to any other functionary shall not be deemed to be one of the remedies, which are available unless the public servant had elected to submit such memorial.

          The major requirement with regard to filing of a reference claim petition is that it should be filed within one year from the date of communication of final order passed in respect of a Public Servant. This requirement is subject to the provision contained in Section 5(b)(ii), of the Act.

          Another rider with regard to filing of a reference / claim petition is that no reference/claim petition shall ordinarily be admitted by the Tribunal unless it is satisfied that the public servant has exhausted or availed of all the statutory remedies available to him under the relevant service rules regulations or contract as to redressal of grievances.