The Union Government has asked the Odisha Government to take the views of the State High Court on the proposal of abolition of the State Administrative Tribunal (SAT).
The Government of India’s Department of Personnel and Training (DoPT) has written to the State’s Department of General Administration (DoGA) in this regard, said sources at the SAT.
The DoPT has mentioned in its letter that the High Court’s view is to be taken on the State Government’s proposal of abolition of the SAT, transfer of cases from the SAT to the High Court and absorption of SAT employees in the High Court.
The Centre further wants to know the legal basis of transfer of cases pending with the SAT on its abolition to the High Court. As per Section 29 of the Administrative Tribunals Act, cases relating to service matters of State Government employees can be transferred to a SAT from the High Court. But there is no provision in the Act to transfer cases to the High Court on abolition of a SAT, the letter has reminded.
The Union Government has fixed a dateline of one week to receive response from the Odisha Government on the issue of abolition of the SAT.
The SAT in Odisha was established as per the Central Act. Its Principal Bench at Bhubaneswar was inaugurated by the then Chief Minister Biju Patnaik on March 2, 1992. Present Chief Minister Naveen Patnaik also laid the foundation-stone of the SAT’s multistoried Cuttack Bench Complex, which is yet to be inaugurated.
However, the State Cabinet at its meeting on September 9, 2015 took a decision for abolition of the SAT. The Union Government was informed about the decision on September 16, 2015 which was responded by the Centre on September 23, 2015.
Now once again, the Union Government has sought the Orissa High Court’s views over the issue.
Since its inception, about 2.70 lakh cases were instituted in the SAT, out of which a record number of 2.10 lakh have been disposed of. At present, about 60,000 cases, including 8,000 contempt of court cases, relating to service conditions of State Government employees and pensioners are pending at the SAT.
Pendency of cases at the Orissa High Court is more than 1.70 lakh. If the SAT cases are transferred, the pendency will cross 2.30 lakh in the High Court. Whether with its limited infrastructure the High Court will take the burden of the SAT is a big question mark.
In the mean time, the Odisha State Bar Council, the High Court Bar Association, the SAT Bar Association and other lawyers’ organisations and several employees’ associations have urged the State Government, particularly the Chief Minister, to rescind the Cabinet decision and to strengthen the SAT in larger public interest.