Section 15 of the Administrative Tribunals Act, 1985: Jurisdiction, Powers and Authority of State Administrative Tribunals
Section 15 of the Administrative Tribunals Act, 1985 defines the jurisdiction of a State Administrative Tribunal over specified State government recruitment and service matters. It also permits the State Government, by notification, to extend the Tribunal's jurisdiction to specified local authorities, corporations and societies controlled or owned by the State Government.
What does Section 15 cover?
Section 15 applies to an Administrative Tribunal established for a State. Subject to the other provisions of the Act, the Tribunal exercises jurisdiction that was previously exercisable by courts, except the Supreme Court, in relation to specified recruitment and service matters falling within the section.
- State civil-service recruitment: recruitment and matters concerning recruitment to a civil service of the State or a civil post under the State.
- State service matters: service disputes concerning persons appointed to State civil services or State civil posts, subject to the exclusions stated in Section 15 and Section 14.
- State-controlled bodies: jurisdiction may extend to specified local authorities, corporations or societies owned or controlled by the State Government when the statutory notification contemplated by Section 15(2) has taken effect.
- CAT matters excluded: Section 15(4) makes clear that a State Administrative Tribunal cannot exercise jurisdiction over a matter that falls within the jurisdiction of the Central Administrative Tribunal.
Key legal definitions relevant to Section 15
For the statutory definitions and the latest consolidated text, readers should consult the official India Code version of the Administrative Tribunals Act, 1985.
Section 15 - Jurisdiction, powers and authority of State Administrative Tribunals
(1) Save as otherwise expressly provided in this Act, the Administrative Tribunal for a State 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 civil service of the State or to any civil post under the State;
(b) all service matters concerning a person not being a person referred to in clause (c) of this sub-section or a member, person or civilian referred to in clause (b) of sub-section (1) of section 14 appointed to any civil service of the State or any civil post under the State and pertaining to the service of such person in connection with the affairs of the State or of any local or other authority under the control of the State Government or of any corporation or society owned or controlled by the State Government;
(c) all service matters pertaining to service in connection with the affairs of the State concerning a person appointed to any service or post referred to in clause (b), being a person whose services have been placed by any such local or other authority or corporation or society or other body as is controlled or owned by the State Government, at the disposal of the State Government for such appointment.
(2) The State 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 and corporations or societies controlled or owned by the State Government.
Proviso: If the State Government considers it expedient for facilitating transition to the scheme envisaged by the Act, different dates may be specified for different classes or categories of local or other authorities, corporations or societies.
(3) Save as otherwise expressly provided in this Act, the Administrative Tribunal for a State shall also exercise, from the date on which this sub-section is applied to any local or other authority, corporation or society, all jurisdiction, powers and authority previously exercisable 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 excluded by Section 15(3)(b) or Section 14(1)(b), appointed to any service or post in connection with the affairs of such local or other authority, corporation or society and pertaining to service in connection with such affairs.
(4) For the removal of doubts, the jurisdiction, powers and authority of the Administrative Tribunal for a State do not extend to any matter over which the Central Administrative Tribunal has jurisdiction.
Practical legal effect of Section 15
Section 15 identifies the subject matter and classes of public employment disputes that may be assigned to a State Administrative Tribunal. Whether a particular dispute falls within a State Tribunal's jurisdiction depends on the employee's service, post, employer, the relevant government notifications and the exclusions contained in the Act.
In particular, Section 15(2) and Section 15(3) should be read together. A State-controlled local authority, corporation or society is not brought within the extended jurisdiction merely because it is government controlled; the statutory notification and its effective date are important.
High Court judicial review remains available
The tribunal system does not eliminate the constitutional power of judicial review of the High Courts. The Supreme Court's decision in L. Chandra Kumar v. Union of India established that decisions of administrative tribunals are subject to scrutiny by the jurisdictional High Court under Articles 226 and 227 of the Constitution. A tribunal therefore functions as the forum of first instance for matters within its statutory field, while constitutional judicial review remains with the High Courts.
Related provisions
Section 15 is best read with Section 3 (definitions), Section 14 (Central Administrative Tribunal jurisdiction), Section 16 (Joint Administrative Tribunal), Section 17 (contempt), Section 19 (applications) and Section 20 (exhaustion of remedies).