Dheeraj Mehta & Ors vs State Of J&K & Ors
2021 Latest Caselaw 266 j&K

                                                          Sr. No.430
                                                          Supplementary
                                                          causelist-2




      HIGH COURT OF JAMMU AND KASHMIR AT JAMMU

                                              SWP No.1042/2009
                                              IA No.1379/2009

Dheeraj Mehta & ors.                           .... Petitioner/Appellant(s)

                                Through:-     None.

                          V/s

State of J&K & ors.                                    .....Respondent(s)

                                Through:-     None.

CORAM : HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
                                 ORDER

01. Petitioners through the present petition seek a direction to the

respondents to issue selection/appointment orders in favour of the

petitioners on the basis of the judgment dated 26.10.2005 passed by the

Hon'ble Apex Court in case titled SLP(C) No.7612/03 Vijay Kumar

Sharma & Ors. Versus State of J&K & Ors.

02. The Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel and Training) has issued Notification No.

G.S.R. 276(E) dated 29.04.2020 read with Notification No. G.S.R. 317(E)

dated 28.05.2020 vide which the jurisdiction to decide the service disputes

of the employees of the Union Territory of Jammu and Kashmir and

Ladakh has been conferred on the Central Administrative Tribunal,

Jammu Bench. After the abrogation of Article 370, the jurisdiction to

decide the service disputes of the employees of the Union Territory of

J&K would be with the Central Administrative Tribunal.

03. In view of the aforesaid notification, the jurisdiction to hear the

service disputes of employees of the Union Territory of J&K lies with the

Central Administrative Tribunal in the first instance.

04. In view of the above, the present petition is transferred to the

Central Administrative Tribunal, Jammu Bench and let the records of the

same be sent to the Central Administrative Tribunal, Jammu Bench. The

Tribunal shall issue notice of appearance to the parties for further

proceedings.

05. Disposed of alongwith IA.

(Sindhu Sharma) Judge JAMMU 09.03.2021 Eva