Jammu & Kashmir High Court - Srinagar Bench

Sarfaraz Ahmad Bhat vs Union Territory Of Jk & Ors on 17 February, 2022

                                                                           Serial No. 42
                                                                     Supplementary-1 Cause List


        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT SRINAGAR


                                LPA No. 123/2021 c/w
                                 LPA No. 125/2021


Sarfaraz Ahmad Bhat
                                                                  ... Appellant(s)
                                     Through: -
                         Mr B. A. Bashir, Senior Advocate with
                             Ms Falak Bashir, Advocate.


                                          V/s

Union Territory of JK & Ors.
                                                                 ... Respondent(s)

Through: -

Mr Mohammad Rais-ud-Din Ganai, Government Advocate.

CORAM:

Hon'ble Mr Justice Ali Mohammad Magrey, Judge Hon'ble Mr Justice Mohd. Akram Chowdhary, Judge (JUDGMENT) Magrey, J (Oral):

LPA No. 123/2021:

01. This appeal is directed against the final Order dated 22nd of

September, 2021 passed by the learned Single Judge in the Writ Petition

filed by the Writ Petitioner/ appellant herein bearing WP(C) No.

1583/2021, in terms whereof the said Writ Petition has been transferred to

the Central Administrative Tribunal, Jammu on the ground that the Writ

Petitioner/ appellant herein was a member of the J&K Urban Local Body

Institutions (Management), Service constituted by the Rules of 2008 and

holds a civil post under the Union Territory of J&K.

02. The Order aforesaid passed by the learned Single Judge is

challenged on varied grounds projected in the memo of appeal with LPA No. 123/2021 c/w LPA No. 125/2021

particular reference that the service disputes concerning the employees of

various Municipal Committees/ Councils/ Corporations are not entertained

by the Central Administrative Tribunal in view of lack of jurisdiction as no

notification stands issued by the Central Government under Section 14(2)

of the Act of Administrative Tribunals Act, 1985 conferring jurisdiction

upon the Tribunal to hear and decide such disputes.

03. Mr B. A. Bashir, the learned Senior Counsel, appearing for the

appellant, while strengthening the claim made with the support of the

pleadings on record, has made reference to the Order passed by the Central

Administrative Tribunal Bench, Jammu in a similar case bearing OA No.

62/97/2021 dated 8th of February, 2021, wherein the service dispute of the

employees belonging to the Municipal Committee, Anantnag has been

dismissed on the ground that the Tribunal has no jurisdiction in the matter

inasmuch as no notification has been issued by the Central Government in

this behalf under Section 14(2) of the Act of 1985. Besides, the learned

Senior Counsel has contended that already a number of similarly situated

employees belonging to various Municipal Committees, Councils and

Corporations in the Union of Territory of Jammu and Kashmir have filed

Writ Petitions before this High Court which Petitions have been entertained

and are pending adjudication before this Court. In this context, the learned

Senior Counsel has invited the attention of the Court to an Order dated 24th

of September, 2021 passed by the same Bench who has dismissed the Writ

Petition of the appellant herein for want of jurisdiction to show that the Writ

Petition filed by similarly situated employee belonging to Municipal

Committee, Bandipora has been entertained and interim order passed

thereon.

LPA No. 123/2021 c/w LPA No. 125/2021

04. Mr Rais-ud-Din Ganai, the learned Government Advocate,

submitted that a number of Writ Petitions filed by the employees of various

Municipal Committees, Councils and Corporations are pending

adjudication before this High Court and, as such, a detailed decision is

required in all those matters as to whether this Court has the jurisdiction to

hear such Petitions or that the same are to be transferred to the Tribunal.

05. Having heard the learned appearing Counsel for the parties,

perused the pleadings on record and after considering the matter, we are of

the considered opinion that this issue with regard to jurisdiction qua the

service disputes of the employees belonging to various Municipal

Committees, Councils and Corporation in the Union Territory of Jammu

and Kashmir and Union Territory of Ladakh requires a detailed decision by

this Court after hearing all concerned. However, till such time the final

decision on the aforesaid issue is taken by the Court and in order to ensure

parity and grant similar treatment to the appellant/ Writ Petitioner as has

been given to other similarly situated employees belonging to various

Municipal Councils, Corporations and Committees, we feel that the Writ

Petitioner/ appellant herein cannot be left in lurch and without any remedy,

as such, the Writ Petition filed by the appellant/ Writ Petitioner is required

to be listed before the learned Single Bench for consideration,

notwithstanding the Order impugned passed by the learned Single Judge.

Accordingly, we direct the appearing Counsel for the parties to address

arguments on the issue of jurisdiction concerning the service disputes of the

employees belonging to the various Municipal Committees, Councils and

Corporations in the Union Territory of Jammu and Kashmir as well as

Union Territory of Ladakh with the support of law governing the subject on LPA No. 123/2021 c/w LPA No. 125/2021

the next date of hearing. Besides, we further direct the Registry to list the

Writ Petition filed by the Petitioner/ appellant herein before the Single

Bench having the Roster on Monday, the 21st of February, 2022 for

consideration and necessary orders. The Order impugned passed by the

learned Single Judge to that extent shall remain stayed.

06. List this appeal, along with the connected one being LPA

No.125/2021, on 9th of May, 2021.

LPA No. 125/2021:

07. This appeal is directed against the final Order dated 22nd of