Syed Nayeem Rizvi vs Union Territory Of Jk And Others
2021 Latest Caselaw 1269 j&K/2

                                                                                   S. No. 38
                                                                                   Before Notice (S)
                               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                                AT SRINAGAR
                                               CM no. 6721/2021 in
                                                LPA no. 122/2021
                                                CM no. 6722/2021
      Syed Nayeem Rizvi
                                                                            .... Petitioner(s)
                                       Through:        Mr Shuja-ul-Haq, Advocate

                                                       V/s
      Union Territory of JK and others
                                                                             ... Respondent(s)
                                        Through:       Mr Rais-ud-din Ganai, GA
      CORAM:
                       Hon'ble Mr Justice Ali Mohammad Magrey, Judge
                            Hon'ble Mr Justice Sanjay Dhar, Judge
                                                   ORDER

08.10.2021 CM no. 6721/2021 On the grounds taken in the CM coupled with the submissions made, the application is allowed and the requirement of placing on record the certified copy of the impugned order is dispensed with for the time being. The same be placed on record as and when it is obtained.

LPA no. 122/2021 CM no. 6722/2021 The issue raised in this Letters Patent Appeal, LPA, qua the challenge to the impugned judgment of the Writ Court dated 22.9.2021 passed in writ petition, WP (C) no. 1582/2021, has reference to the status of the appellants as the employees of the Municipal Committees regulated by the Jammu and Kashmir Urban Local Body Institutions (Management) Service Recruitment Rules, 2008, for short Act of 2008, which have been notified in terms of SRO no. 417 dated 18th December, 2008, issued in exercise of the J&K Municipal Act of 2000.

Prima facie we feel that the service disputes of the employees of the Municipalities is not amenable to CAT jurisdiction but are entertained in the form of writ petitions.

Notice returnable within four weeks. Notice in CM also. In the meanwhile, the order impugned to the extent of transferring the case to CAT is stayed. Registry to tag the writ records with the instant appeal. In order to ensure the early disposal of the appeal, the notice, on asking, is waived by Mr Rais-ud-din Ganai, GA.

List on 25th October, 2021.

                                      (Sanjay Dhar)             (Ali Mohammad Magrey)
                                            Judge                             Judge
AMJAD     AHMAD LONE
       Srinagar
2021.10.08 16:31
       08.10.2021
I attest to the accuracy and
integrity of this document
       Amjad      Lone PS