Samarendra Das, Advocate vs The State Of West Bengal And Ors

The Supreme Court held that the post of Assistant Public Prosecutor (APP) is not a Civil Post under Section 15 of the Administrative Tribunals Act, 1985. The Court affirmed the Division Bench's conclusion that the petitioner, while assisting the court, was not an officer or servant of the court subordinate to the High Court, thus precluding direct recourse to the High Court under Article 226. The appeal was dismissed, and the matter was directed to be transferred to the State Administrative Tribunal for resolution.