Civil Courts should not entertain service matters: SC

New Delhi, Oct 29 (UNI) The Supreme Court has disapproved the tendency of civil courts entertaining suits to decide service matters.

The apex court allowed the appeal filed by the state of Punjab and its Director Agriculture, challenging the judgement and decree of the civil courts which were affirmed by the Punjab and Haryana High court as it refused to interfere.

Balkaran Singh, working as Deputy Director, Agricultre (Bhatinda) filed a civil suit challenging the government order dated March 13, 1980 placing the respondent herein in the pay scale of 940-1850 instead of 1200-1850 and sought a declaration from the court that the he was entitled to the pay scale of 1200-1850 wef January 1, 1978.

According to the plaintiff, the pay scale of 1200-1850 was applicable to the post of Deputy Director. At the time of the suit, he was working as joint director on deputation to the department of Punjab Land Development and Reclamation Corporation Limited.

According to the state of Punjab, there was no post of Deputy Director in Agriculture department. Two other officers of the same rank also filed similar suits.

A bench comprising Mr Justice H K Sema and Mr Justice P K Balasubramanyan in the judgment said, We do not think it necessary to go into the question of the extent of the jurisdiction of the civil courts when they entertain suits relating to matters of service, especially government service seeking expunction of adverse entries, striking down of punishments imposed by the authority after holding a proper inquiry, as if the court was sitting in appeal as to which scale of pay a person should be fitted in, and so on.

The top court dismissed all the three suits with costs in the trial court and set-aside the judgments and decrees granted by the civil courts.

UNI AKS SC SAM MIR BST1114