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Vishal Jolly Demands Holding Regular Sittings of Ld. Central Administrative Tribunal at Port Blair

Tarun Karthick August 9, 2022

Rohit Kumar

Port Blair, 09 August 2022

Mr. Vishal Jolly, National Executive Member, BJP has requested holding of regular sittings of the Learned Central Administrative Tribunal, Circuit Bench, Port Blair at-least every successive month. He requested that if holding regular sittings is not possible, then to exempt Andaman & Nicobar Islands from the jurisdiction of the Central Administrative Tribunal, Kolkata Bench, to further enable the Islanders to file service matters before the Circuit Bench of the Hon’ble Calcutta High Court at Port Blair. Mr. Vishal Jolly wrote a letter to the Hon’ble Prime Minister, Hon’ble Union Home Minister & Hon’ble Union Minister of Law & Justice explaining the problems faced by the Govt. Servants.

In his letter he stated the following facts for consideration:

  • That the Andaman & Nicobar Islands is an isolated island situated in the Bay of Bengal and owing to limited avenues in the private sector, government jobs are the main source of employment and livelihood for the Islanders and thousands of people in these islands who serve different departments of the Andaman and Nicobar Administration located across Island territory including remote areas.
  • That the Learned Central Administrative Tribunal was created by the Department of Personal and Training under the Ministry of Personal, Public Grievances and Pension and the very purpose for promulgating the said Ld. Tribunal was for speedy disposal of litigations pertaining to service affairs of government employees across the country and also to reduce the burden on Hon’ble High Courts in the Country in view of increasing numbers of litigations and to enable government employees to have a separate judicial forum for speedy disposal of cases pertaining to service matters.
  • That, presently there are altogether 66 members which includes 33 Judicial Members and 33 Administrative Members. There are 17 Regular Benches of the Ld. Tribunal and four (04) Circuit Benches, as per the information furnish in the portal of the Tribunal.
  • That, in West Bengal one main bench of the tribunal is situated at Kolkata in terms of Rule 152 of Chapter XXI of the Central Administrative Tribunal Rules of Practice, 1993 framed under Section 22 of the Administrative Tribunal Act, 1985.
  • That by the Territorial Jurisdiction Act, the territorial jurisdiction of Hon’ble Calcutta High Court was extended to the Andaman and Nicobar Islands in the year 1986 and presently the Hon’ble Calcutta High Court comprising of two Judges for a period of around 15 days per circuit holds at least 10 circuit bench sitting at Port Blair in the capital city of Andaman and Nicobar Islands in a year.
  • That under the said Extension of Jurisdiction Act, the Central Administrative Tribunal, Calcutta Bench, also holds Circuit Bench at Port Blair, Andaman and Nicobar Islands.
  • That in the past few years, there has been significant increase in the number of litigations pertaining to service affairs of government employees filed before the Ld. Central Administrative Tribunal, Calcutta, Circuit bench at Port Blair.
  • That it is also a matter of fact & of record that in the past seven to eight years, there has been considerable decline in the number of Circuit Bench’s sittings by the Ld Central Administrative Tribunal, Calcutta Bench at Port Blair which piled-up huge pendency of litigations before the said forum.
  • That in the year 2019, the Ld. Central Administrative Tribunal, Calcutta Bench held two sitting at Port Blair in the month of March 2019 and June 2019 and in both the occasion the circuit bench was for a period of one week and thereafter there has been no further sittings of the Ld Central Administrative Tribunal, Calcutta Bench at Port Blair.
  • That upto the year 2019 the Ld Central Administrative Tribunal, Calcutta, holds only one circuit sitting at Port Blair or at the best two in a year, forcing litigants to face immense hardships in agitating their grievances and to seek justice from the Ld. Tribunal.
  • That on and from 24/03/2020 there was nationwide lockdown and the same continued or a considerable period.
  • That during the said pandemic period the tribunal was functioning in virtual mode once in a week and the same is still continuing.
  • That after the pandemic only once in December 2021 the Circuit Bench of the Ld. Tribunal held for a period of one week at Port Blair.
  • That practically from last more than two years only seven days the circuit bench was held at Port Blair.
  • That the basic objective & very purpose of having a Circuit bench at Port Blair is defeated since from last more than eight years the Ld. Circuit Bench had near about five to six circuits for a short period of one week or in some occasion for 15 days, due to which several litigants were unable to take the recourse of law against illegal, wrong and erroneous orders passed by the A & N Administration in their service affairs.
  • That the manner in which the Circuit Bench is being held at Port Blair is of no use for the litigants at Port Blair and due to such existence of Circuit Bench, the litigants are unable to approach directly the Hon’ble High Court which is otherwise available throughout the year that holds 11 to 12 Circuit Benches consecutively.
  • That there has been several instances in the past when government employees are compelled to adhere to illegal orders issued by the government authorities due to irregular sittings of the Ld. Central Administrative Tribunal, Calcutta, at Port Blair. 
  • That there are several cases which are pending before the Circuit Bench at Port Blair of the Tribunal for a considerable period, even petty matters are pending for years together for want of Circuit Bench of the Ld. Tribunal.
  • That since there is no regular circuit bench of the learned tribunal  and mostly the tribunal is available for only 15 days in a year, under such circumstances in several cases the poor islanders are compelled to approach the main bench at Kolkata by incurring heavy monitory expenditure, without any valid reason or logic. 
  • That unless and until there is at least 15 days circuit bench in every successive month, the government servant whose cases are pending from years together will not be resolved.
  • That the sittings of the Circuit Bench of the Hon’ble High Court, Calcutta, is however, very regular and the pendency of cases before the Hon’ble High Court is on the lower side.
  • That on an average, the number of cases filed before the Hon’ble High Court, Calcutta, Circuit Bench at Port Blair is around 400 of which majority pertains to petty matters like grant of electric connection, water connections and consideration of representations, revenue disputes, etc.

Mr. Vishal Jolly requested the dignitaries to give appropriate directions to the concerned authorities to either hold regular Circuit Bench of the Learned Central Administrative Tribunal every successive month or if the same is not possible, then to exempt Andaman & Nicobar Islands from the jurisdiction of the Central Administrative Tribunal, Kolkata Bench to enable the Islanders to file service matters before the Hon’ble Calcutta High Court Circuit Bench at Port Blair. He added that it would provide huge relief to the poor litigants whose cases are pending before the Ld. Central Administrative Tribunal, Calcutta, Circuit Bench at Port Blair for years together & who are facing tremendous hardship due to the unavailability of its regular Circuit Bench at Port Blair.