Cuttack: Orissa High Court has fixed April 19 for hearing petitions challenging the decision of the state government to abolish the State Administrative Tribunal (SAT).
The court fixed the date following the state government's reply to the petitions filed by the Odisha State Administrative Tribunal Bar Associations in Bhubaneswar and Cuttack.
The Administrative Tribunals Act, 1985, had empowered the central government to establish the SATs on specific request of the state governments concerned. Subsequently, the SAT was established on July 14, 1986.
The SAT has its principal bench in Bhubaneswar, a regular bench in Cuttack and circuit bench in Sambalpur and Berhampur. On September 9, 2015, the Odisha cabinet approved to abolish the SAT and this sparked off agitations by lawyers. They filed two petitions in the high court in November last year. During the course of adjudication the court's direction was sought for filling up the posts of members and chairman that have remained vacant for years.
The tribunal has a sanctioned strength of chairman and five members. But has been functioning with an acting chairman, two members (judicial) and one member (administrative), resulting in piling up of cases.
In pursuance of the court's direction, the state government filed a reply stating that the decision to abolish the SAT was taken after it was felt that the very objective of the institution to give quick justice to employees on service matters could not be achieved.
In 1997, the Supreme Court had held unconstitutional the provision of the Administrative Tribunals Act, 1985, that aggrieved parties could appeal to the Supreme Court against the order of the Tribunal, as it was deemed to be inconsistent with the basic structure of the Constitution.
As a result, the aggrieved parties could approach the high court. Hence, the very objective of the establishment of the tribunal to deliver quick justice could not be achieved.
The state government has send a proposal to the Centre to issue a notification for abolition of the tribunal, following which pending cases will be transferred to the high court.
As the matter is pending with the Centre no steps can be taken about the vacant posts, the state government had replied.
Taking note of the state government's reply, the division bench of Justice S.C. Parija and Justice Debabrata Dash on Thursday posted the matter to April 19 for hearing along with the Centre's response.
The court accordingly has asked the Centre's counsel to be ready with the reply.
There are 67,369 cases pending before the SAT.