MOHAMMED ANSARI versus UNION OF INDIA & ORS.

MOHAMMED ANSARI versus UNION OF INDIA & ORS.

Neither CAT nor AFT has jurisdiction to decide service matters relating to GREF personnel; only the High Court under Article 226 provides an appropriate forum for such grievances.

Parties
Appellant: Mohammed Ansari; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
02 February 2017
Procedural Posture
Civil Appeal / Final Supreme Court Decision Following Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Jurisdiction of Administrative Tribunals, Service Matters of GREF Personnel, Application of Army Act to GREF, Remedies Under Article 226
Administrative Law Service Law Constitutional Law Armed Forces Law Jurisdiction of Administrative Tribunals Service Matters of GREF Personnel Application of Army Act to GREF Remedies Under Article 226

Case Brief

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Parties

Mohammed Ansari

Appellant

Union of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Supreme Court Decision Following Appeal From High Court

Legal Issues

  1. 1 Whether Central Administrative Tribunal (CAT) has jurisdiction over grievances relating to financial upgradation of GREF personnel.
  2. 2 Whether Armed Forces Tribunal (AFT) has jurisdiction to decide service matters of GREF personnel.
  3. 3 Appropriate forum for redressal of service grievances for GREF personnel.

Ratio Decidendi

Neither CAT nor AFT has jurisdiction to decide service matters relating to GREF personnel; only the High Court under Article 226 provides an appropriate forum for such grievances.

Court Disposition

Appeal dismissed

Orders

  • Appellant granted liberty to approach High Court for redressal within three months.
  • Request made to High Court to dispose of matter on merits, not on grounds of delay or laches.