Abdul Majeed Lone vs Govt. Of J&K And Ors
2021 Latest Caselaw 940 j&K/2

                                                              Serial No. 76
                                                            Before Notice List


 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT
                  SRINAGAR

                                                WP(C) No. 1652/2021
                                                 CM No. 5519/2021

Abdul Majeed Lone

                                                        ..... Petitioner(s)
                           Through: -
               Mr. Sheikh Umar Farooq, Advocate
                                     V/s
Govt. of J&K and Ors.
                                             ..... Respondent(s)

Through: -

Mr. Shah Aamir, AAG CORAM:

Hon'ble Mr Justice Ali Mohammad Magrey, Judge (ORDER) 21.08.2021

By the present writ petition, the petitioner seeks release of

salary in favour of the petitioner from February, 2019 till date with

further direction to the respondents to release the salary in future also.

2/- I have heard learned counsel for the petitioner and considered the

submissions made.

Admittedly, the petitioner is Government Employee in the

Union Territory of Jammu and Kashmir. Article 323-A and Article

323-B for the establishment of various Tribunals was introduced in

the Constitution by its (42nd Amendment) Act, 1976. Under Article

323-A of the Constitution, Central Administrative Tribunal Act, 1985

was established. Article 323- A (2) (d) excludes the jurisdiction of all

Courts, except that of the Supreme Court under Article 136, with

respect to the dispute or complaints referred

to in clause (1).

In order to appreciate the submissions made by the learned

counsel for the petitioner, it has become necessary to take a look at

the relevant provisions of law governing the subject. In the first

instance, clause (b) of sub-section (2) of Section 1 of the

Administrative Tribunals Act, 1985 is

taken note of hereunder:

"1. Short title, extend and commencement.-....

(b) in so far as it relates to Administrative Tribunals for States, to the whole of India, except the State of Jammu and Kashmir."

The plain reading of the provision of law makes it clear that

the same talks of the State of Jammu and Kashmir which now stands

formed into two different Union Territories, therefore, the submission

made by the learned counsel that the Act is not applicable to the

Jammu and Kashmir is unfounded, therefore, rejected.

The other submission of the learned counsel for the petitioner

that in view of the Full Court judgment of this Court delivered in case

titled Kuldip Khuda & Ors v. Masud Ahmad Choudhary & Ors, the

jurisdiction of this Court is protected, is not only misconceived but

misdirected also, in that, the judgment rendered in the case is passed

prior to the abrogation of Article 370 of the Constitution in terms

whereof the Union Territory of Jammu and Kashmir and Union

Territory of Ladakh were a State with

special privileges. It needs no emphasis to record that on the

application of the Jammu and Kashmir Re-organization Act, 2019, all

the Central Laws have been made applicable to the erstwhile State of

Jammu and Kashmir. Therefore, the judgment referred to by the

learned counsel is no more applicable.

From the above discussion what emerges is that this Court,

cannot entertain a petition raising a service dispute of the employee

in the service of the Government of India or the Government of

Union Territory of Jammu and Kashmir and Ladakh.

The court, in view of above, holds that this Court has no

jurisdiction to entertain the petition and the same be, instead,

presented before the CAT Bench, Jammu that has the jurisdiction.

Petitioners are given liberty to approach the CAT, Bench,

Jammu for the relief claimed in this petition with direction to

Registrar CAT Bench, Jammu to list the matter before the Bench as

and when the petitioner approach the CAT, Bench, Jammu, for

decision.

Disposed of along with connected CM(s).

(Ali Mohammad Magrey) Judge

SRINAGAR 21.08.2021 "Mohammad Yasin Dar"

MOHAMMAD YASIN DAR 2021.08.21 16:38 I attest to the accuracy and integrity of this document