Jammu & Kashmir High Court - Srinagar Bench
Umar Amin Wani & Anr vs Union Territory Of Jk & Ors on 22 February, 2021
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
WP(C) No.281/2021
CM No.982/2021
Dated: 22nd of February, 2021.
Umar Amin Wani & Anr.
..... Petitioner(s)
Through: -
Mr R. A. Jan, Senior Advocate with
Mr Taha Khaleel, Advocate.
V/s
Union Territory of JK & Ors.
..... Respondent(s)
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge.
JUDGMENT
01. Through the medium of this petition, the petitioners have craved
the indulgence of this Court in granting them the following relief(s):
"i. Writ in the nature of Mandamus or any other appropriate writ
directing the impugned inaction/ intertia persisted with by the Respondents
3 and 5 in the matter of finalization of the Selection Process initiated vide
Advertisement Notice No.03 of 2016 dated 30.06.2016, for the Posts of
Knitting Instructors, totally arbitrary, offending against the statutory
mandate of Sub-rules 3 and 4 of Rule 14 Civil Services Decentralization and
Recruitment Rules, 2010, be issued in favour of the petitioners and against
the respondents;
ii. Writ in the nature of Mandamus or any other appropriate writ,
directing/ commanding the Respondents in particular Respondent No.3 and
4 to proceed in the matter of finalization of the Selection Process initiated
vide Advertisement Notice No.03 of 2016 dated 30.06.2016 for selection and
consequent appointment against the advertised Post of Knitting Instructor,
in strict accord with the mandate of Sub-Rules 4 and 7 of Rule 14 of Rules
of 2010, taking the Selection Process to its logical conclusion, be issued in
favour of the Petitioners and against the Respondents;
iii. Writ in the nature of Mandamus or any other appropriate writ
directing/ commanding the Respondents in particular Respondent No.1 to
TAHIR MANZOOR BHAT
2021.02.23 14:03
I attest to the accuracy and
integrity of this document
WP(C) No.281/2021
CM No. 982/2021
Recommend in due regard of the merit position secured by the Petitioners
in the process of selection notified by the Respondent No.3 vide Notice
bearing No. SSB/Sel/Secy/2017/13876-79 dated 30.12.2017 the case of the
Petitioners for appointment against the Advertised Post of Knitting
Instructors, be also issued in favour of the Petitioners and against the
Respondents;
iv. Writ in the nature of mandamus or any other appropriate writ
directing/ commanding the Respondent No.1 to offer in acceptance of the
recommendations of the Respondent No.3 appointment to the petitioners
against the advertised Post of Knitting Instructor and admit the Petitioners
to all the consequential service benefits accruing due in law of such
Appointment against the Advertised Post of Knitting Instructors, be also
issued in favour of the Petitioners and against the Respondents;
v. Any other appropriate Writ, Order or Direction which this
Hon'ble Court deems just and proper to issue in the attendant facts and
circumstances of the case, be also issued in favour of the Petitioners and
against the Respondents."
02. From a bare perusal of the relief sought for by the petitioners in
the instant petition, it becomes clearly axiomatic that the grievance projected
by the petitioners relates to the subject(s) covered by Section 14 of the Central
Administrative Tribunals Act, 1985. The jurisdiction to hear this petition, as
a Court of first instance, therefore, lies with the Tribunal constituted under the
provisions of the Act of 1985.
03. When apprised of the above position, Mr Jan, the learned Senior
Counsel, appearing on behalf of the petitioners, in all fairness, submits that
there is no dispute to the fact that the Court of first instance qua the instant
petition is the Central Administrative Tribunal, Jammu Bench, but the only
reason as to why the petitioners have approached this Court is that since the
matter being of emergent nature, the petitioners apprehended that the Tribunal
may take some time to take up the matter and consider the same, thereby
rendering the entire case of the petitioners as infructuous. The learned Senior
Counsel pleads that the petitioners shall feel satisfied in case the instant
TAHIR MANZOOR BHAT
2021.02.23 14:03
I attest to the accuracy and
integrity of this document
WP(C) No.281/2021
CM No. 982/2021
petition is transferred to the Central Administrative Tribunal, Jammu Bench
with a direction to the Tribunal to take up the case on the nearest possible date.
04. Given the above position obtaining in the matter and with the
consensus of the learned Senior Counsel representing the petitioners, this
petition, in terms of Section 29 of the Act of 1985, is transferred for further
proceedings to the Central Administrative Tribunal, Jammu. The learned
Registrar (Judicial) of this wing of the High Court shall transmit the record of
the petition to the Central Administrative Tribunal, Jammu, retaining a soft
copy thereof. The Tribunal, in turn, is directed to take up the matter on
Monday, the 1st of March, 2021 and pass appropriate orders thereon on the
said date after hearing the counsel for the parties.
05. Disposed of as above, alongwith the connected CM.
(Ali Mohammad Magrey)
Judge
SRINAGAR
February 22nd, 2021
"TAHIR"
i. Whether the Judgment is reportable? Yes/ No.
ii. Whether the Judgment is speaking? Yes/ No.
TAHIR MANZOOR BHAT
2021.02.23 14:03
I attest to the accuracy and
integrity of this document
