Section 15 of The Administrative Tribunals Act, 1985
- (1)Save as otherwise expressly provided in this Act, the Administrative Tribunal for a State shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court 1***) in relation to--
- (a)recruitment, and matters concerning recruitment, to any civil service of the State or to any civil post under the State;
- (b)all service matters concerning a person not being a person referred to in clause (c) of this sub-section or a member, person or civilian referred to in clause (b) of sub-section (1) of section 14 appointed to any civil service of the State or any civil post under the State and pertaining to the service of such person in connection with the affairs of the State or of any local or other authority under the control of the State Government or of any corporation 2[or society] owned or controlled by the State Government;
- (c)all service matters pertaining to service in connection with the affairs of the State concerning a person appointed to any service or post referred to in clause (b), being a person whose service have been placed by any such local or other authority or corporation 2[or society] or other body as is controlled or owned by the State Government, at the disposal of the State Government for such appointment.
- (2)The State Government may, by notification, apply with effect from such date as may be specified in the notification the provisions of sub-section (3) to local or other authorities and corporations 2[or societies] controlled or owned by the State Government: Provided that if the State Government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this Act, different dates may be so specified under this sub-section in respect of different classes of, or different categories under any class of, local or other authorities or corporations 2[or societies].
- (3)Save as otherwise expressly provided in this Act, the Administrative Tribunal for a State shall also exercise, on and from the date with effect from which the provisions of this sub-section apply to any local or other authority or corporation 2[or society], all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court 1***) in relation to--
- (a)recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of such local or other authority or corporation 2[or society]; and
- (b)all service matters concerning a person [other than a person referred to in clause (b) of sub-section (1) of this section or a member, person or civilian referred to in clause (b) of sub-section (1) of section 14] appointed to any service or post in connection with the affairs of such local or other authority or corporation 2[or society] and pertaining to the service of such person in connection with such affairs.
- (4)For the removal of doubts, it is hereby declared that the jurisdiction, powers and authority of the Administrative Tribunal for a State shall not extend to, or be exercisable in relation to, any matter in relation to which the jurisdiction, powers and authority of the Central Administrative Tribunal extends or is exercisable.
Summary
- State Administrative Tribunals (SATs) have legal power over hiring and job conditions for State civil services and posts.
- They cover service matters for employees of local authorities or corporations owned or controlled by the State Government.
- A State Government can extend the SAT's power to other state-controlled bodies by issuing a notification.
- SATs take over the power of all other courts except the Supreme Court for State service matters.
- Importantly, a State Tribunal cannot touch any matter that falls under the legal power of the Central Tribunal.
- Service matters handled include pay, retirement benefits, seniority, and disciplinary actions.
Practical examples
FAQ
1. Does a SAT have power over the High Court?
No, a SAT takes over the jurisdiction of the High Court for these matters, but its orders can still be challenged in the Supreme Court.
2. Can a SAT handle matters for a local city council?
Yes, if that local authority is under the control of the State Government and the proper notification has been issued.
Test yourself
Q1.Under Section 15 of The Administrative Tribunals Act, 1985, what is the major limitation on a State Administrative Tribunal's power?
Q2.Under Section 15 of The Administrative Tribunals Act, 1985, who has the authority to apply the Tribunal's power to state-owned corporations?
Q3.Under Section 15 of The Administrative Tribunals Act, 1985, which court's jurisdiction is NOT taken over by the State Administrative Tribunal?
Q4.Under Section 15 of The Administrative Tribunals Act, 1985, if a person's services are placed at the disposal of the State Government by a local authority, who has power over their service matters?