Page No.# 1/10 GAHC010174702019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6007/2019 MONORANJAN CHANDA S/O- LT GAGAN CHANDA, STEAMERGHAT ROAD, WARD NO. 10, P.O. KARIMGANJ- 788710, DIST- KARIMGANJ, ASSAM VERSUS UNION OF INDIA AND 9 ORS. REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF WATER RESOURCES, BLOCK NO. 11, JAWAHARLAL STADIUM MARG, C.G.O. COMPLEX, PRAGATI VIHAR, NEW DELHI- 11003 2:THE CENTRAL WATER COMMISSION REP. BY THE SECY. CENTRAL WATER COMMISSION GOVT. OF INDIA 3RD FLOOR (SOUTH) SEWA BHABAN R.K.PURAM SECTOR-1 NEW DELHI- 110066 3:THE SECRETARY CENTRAL WATER COMMISSION GOVT. OF INDIA 3RD FLOOR (SOUTH) SEWA BHABAN R.K.PURAM SECTOR-1 NEW DELHI- 110066 4:THE UNDER SECRETARY (O AND M) CENTRAL WATER COMMISSION GOVT. OF INDIA Page No.# 2/10 3RD FLOOR (SOUTH) SEWA BHABAN R.K.PURAM SECTOR-1 NEW DELHI- 110066 5:THE CHIEF ENGINEER BARHMAPUTRA AND BARAK BASIN ORGANIZATION CENTRAL WATER COMMISSION GOVT. OF INDIA REBEKKA VILLE BARIK POINT LOWER LACHUMIERE P.O. SHILLONG- 793001 MEGHALAYA 6:THE SUPERINTENDING ENGINEER BARHMAPUTRA AND BARAK BASIN ORGANIZATION CENTRAL WATER COMMISSION GOVT. OF INDIA REBEKKA VILLE BARIK POINT LOWER LACHUMIERE P.O. SHILLONG- 793001 MEGHALAYA 7:THE SUPERINTENDING ENGINEER H.O. CIRCLE CENTRAL WATER COMMISSION GOVT. OF INDIA ADABARI P.O. GHY- 14 ASSAM 8:THE EXECUTIVE ENGINEER MIDDLE BRAHMAPUTRA DIVISION CENTRAL WATER COMMISSION GOVT. OF INDIA ADABARI P.O. GHY- 14 ASSAM 9:THE SUB DIVISIONAL ENGINEER BARAK SUB-DIVISION CENTRAL WATER COMMISSION GOVT. OF INDIA PANCHAYAT ROAD P.O. SILCHAR- 788004 Page No.# 3/10 DIST- CACHAR ASSAM 10:THE ASSTT. ENGINEER BARAK SUB-DIVISION CENTRAL WATER COMMISSION GOVT. OF INDIA PANCHAYAT ROAD P.O. SILCHAR- 788004 DIST- CACHAR ASSA Advocate for the Petitioner : MR. N DHAR, MR. I H LASKAR,MR. P K DEKA,MR J H LASKAR,MR . B MALAKAR,MS. S DASGUPTA Advocate for the Respondent : ASSTT.S.G.I., MR. S S ROY BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 21.05.2026 Heard Mr. PK Deka, learned counsel for the petitioner. Also heard Mr. SS Roy, learned CGC for the respondents. 2] The petitioner was working to the post of Work Sarkar, Grade-II in the Central Water Commission, Government of India, Silchar. According to the petitioner, he was entitled to the benefit of 6th pay commission, benefit of which although entered into his service book but the said benefit was ultimately not granted by the respondents by placing reliance on the communication dated 11- 01-2019. Being aggrieved, the petitioner is before this Court. Page No.# 4/10 3] The notice in the matter was issued on 21.08.2019. 4] Subsequently, when the matter was listed before the Coordinated Bench on 28-08-2025, the Coordinate Bench recorded the submission of the learned C.G.C., that the writ petition is not to be entertained in view of the judgement of the Apex Court rendered in L. Chandra Kumar vs. Union of India and Other reported in (1997) 3 SCC 261. It is pursuant to this that the matter has been listed before the Court for a decision as to whether the writ petition ought to be entertained into its present form. Referring to Section 14 of the Administrative Tribunals Act, 1985, the jurisdiction, powers and authority of the Central Administrative Tribunal have been clearly demarcated under the provisions of the Act. In terms of Section 14 of the Administrative Tribunals Act, 1985, from the appointed day, all the jurisdiction, powers and authority exercised will be immediately, before that day, by all Courts except the Supreme Court of India. Section 14 of the Central Administrative Tribunal, 1985 is quoted herein below for ready reference: 14. Jurisdiction, powers and authority of the Central Administrative Tribunal. - (1) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal 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 [* * *] in relation to- (a) recruitment, and matters concerning recruitment, to any All-India Service or to any civil service of the Union or a civil post under the Union or to a post connected Page No.# 5/10 with defence or in the defence services, being, in either case, a post filled by a civilian; (b)all service matters concerning-( i) a member of any All-India Service; or (ii) a person [not being a member of an All-India Service or a person referred to in clause (c)] appointed to any civil service of the Union or any civil post under the Union; or (iii)a civilian [not being a member of an All-India Service or a person referred to in clause (c)] appointed to any defence services or a post connected with defence, and pertaining to the service of such member, person or civilian, in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation [or society] owned or controlled by the Government; (c) all service matters pertaining to service in connection with the affairs of the Union concerning a person appointed to any service or post referred to in sub-clause (ii) or sub-clause (iii) of clause (b), being a person whose services have been placed by a State Government or any local or other authority or any corporation [or society] or other body, at the disposal of the Central Government for such appointment. [Explanation.-For the removal of doubts, it is hereby declared that references to "Union" in this sub-section shall be construed as including references also to a Union territory.] (2) The Central 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 within the territory of India or under the control of the Government of India and to corporations [or societies] owned or controlled by Government, not being a local or other authority or corporation or society controlled or owned by a State Government: Provided that if the Central Government considers it expedient so to do for the purpose of Page No.# 6/10 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 [or societies.] (3) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal 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 [or society], all the jurisdiction, powers and authority exercisable immediately before that date by all Courts (except the Supreme Court [* * *] 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 [or society] and (b) all service matters concerning a person other than a person referred to in clause (a) or clause (b) of sub-section (1) appointed to any service or post in connection with the affairs of such local or other authority or corporation [or society] and pertaining to the service of such person in connection with such affairs. 5] Section 14 of the Administrative Tribunals Act, 1985 vests the Tribunal the jurisdiction, powers and authority which was earlier exercised by the Court. 6] Learned counsel for the petitioner has placed reliance on the judgement of the Apex Court rendered in Maharashtra Chess Association vs. Union of India and Others, reported in (2020) 13 SCC 285 and also the judgement rendered by Division Bench of this Court in WA No.167/2018 [State of Assam and Others. Vs. Assam Civil Service Officers Association and Ors] which was disposed of on 03.05.2024. Pressing these judgments, in support of his contention, learned counsel for the petitioner submits that notwithstanding the provision of Section 14 of the Administrative Tribunals Act, 1985, the High Court is not denuded of Page No.# 7/10 its powers under Article 226 of the Constitution of India to entertain such claims. The judgement in Maharashtra Chess Association (supra) pertained to ousting of the jurisdiction by the Bombay High Court by way of a private agreement entered between the parties, which the Supreme Court had held that jurisdiction of the Court cannot be ousted by an agreement between the private parties by a private agreement and also that it is a well-settled principle of contract law that parties cannot, by contract, exclude jurisdiction of all Courts. Under such circumstances, the appeal preferred by the appellant before the Apex Court was allowed by setting aside the judgement and order of the Bombay High Court dated 25.09.2018 rendered in WP(C) No.7770/2017. WA No. 167/2018, namely, State of Assam and Others vs. Assam Civil Service Officers Association and Ors., was filed before the Division Bench against the judgment rendered in WP(C) No. 1149/2018, wherein the writ petitioners before the learned Single Judge, had challenged the notification in question and the manner in which effect was given to the said notification without its publication in the Official Gazette, as well as the implementation thereof without carrying out the requisite amendment to Schedule-I of the Assam Civil Services Rules, 1998. The findings of the Coordinate Bench that notwithstanding the provisions of Section 14 of the Act conferring jurisdiction on the Central Administrative Tribunal, where legal issues are raised which would undoubtedly transcend Page No.# 8/10 beyond the contours of the jurisdiction of the Central Administrative Tribunal, then, under such circumstances, the Writ Court is not denuded of its powers to entertain such an application. 7] Learned CGC for the respondents, on the other hand, has pressed into service the judgement of the Apex Court rendered in Kendriya Vidyalaya Sangathan and Another vs. Subhas Sharma reported in (2002) 4 SCC 145, to submit that, in view of the judgement rendered in L. Chandra Kumar (supra), read with Section 14 of the Administrative Tribunals Act, 1985, that employees specifically covered under Section 14 of the Act must come under the jurisdiction of the Administrative Tribunal and the judgment of the Jammu Kashmir High Court arising out of which the matter was before the Apex Court wherein the Jammu Kashmir High Court declined to transfer the matter to Central Administrative Tribunal, was accordingly interfered with. 8] Considering the arguments made by the learned counsel for the parties and upon perusal of the pleadings available on record, as also the judgments pressed into service, it is seen that the grievance of the petitioner urged before this Court is the grant of the benefit of correct fixation of pay in terms of the 6th pay commission. According to the petitioner, this benefit of the fixation of pay ought to have been given effect to by the respondent authorities, as the same Page No.# 9/10 was already incorporated in the Service Book and which ultimately came to be rejected in view of the communication dated 11.01.2019, which is impugned in the present proceeding. 9] A careful perusal of the facts pleaded reveals that there is no challenge to any provisions of the Act or the Rules or any Office Memorandum or notification to that effect. The issues before the Court do not require any interpretation of any law. It is a question of determining whether the claims made by the petitioner vis-à-vis the norms and the Rules followed by the respondents are to be allowed or not in view of the claims made by the petitioner that the benefit of pay revision although reflected in his service book but the benefit had not been given effect to. 10] Under such circumstances, in view of the specific provisions on Section 14 of the Administrative Tribunals Act, 1985, read with the judgement of the Apex Court rendered in L. Chandra Kumar (supra), the matter is relegated to the Central Administrative Tribunal, Guwahati. The Tribunal is requested to proceed for hearing in the matter by extending due benefit to the writ petitioner for the period during which the petitioner had been pursuing the remedy before this Court. The petitioner will file the application afresh before the Tribunal within a period of 30 (thirty) days from the date of receipt of a certified copy of this Page No.# 10/10 order. 11] With the above observation, the writ petition stands disposed of at this stage without expressing any opinion on the merits inter se between the parties. The Central Administrative Tribunal, Guwahati will proceed to hear the matter and pass an effective order as expeditiously as possible. JUDGE Comparing Assistant