Nisar Ahmad Wani vs State Of Jk And Ors
2024 Latest Caselaw 1509 j&K/2

Jammu & Kashmir High Court - Srinagar Bench

Nisar Ahmad Wani vs State Of Jk And Ors on 3 October, 2024

Author: Javed Iqbal Wani

Bench: Javed Iqbal Wani

                                                                      S. No. 1
 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT SRINAGAR

         SWP 2054/2016 c/w i)SWP 1765/2014 ii)SWP 2169/2014 iii)SWP 1610/2017
      iv)WP(C) 3065/2019 v)CCP(S) 389/2020 vi)WP(C) 2992/2022 vii)WP(C) 584/2023


NISAR AHMAD WANI                                        ...Petitioner/Appellant(s)

Through: Mr. Z. A. Qureshi, Sr. Advocate with
         Ms. Moonisa Manzoor, Advocate
         Mr. Manzoor A. Beigh, Advocate.
         Mr. Hakim Suhail Ishtiaq, Advocate.
         Mr. Wajid Mohammad Haseeb, Advocate.
                                  Vs.
STATE OF JK AND ORS                                                ...Respondent(s)

Through: Mr. Bikramdeep Singh, Dy.AG
         Mr. Ilyas Nazir Laway, GA.
         Mr. Moomin Khan, Advocate.
CORAM:
        HON'BLE MR JUSTICE JAVED IQBAL WANI, JUDGE
                                    ORDER

03.10.2024

1. Upon coming of these matters for consideration, the appearing

counsel for the official respondents contended that the issues raised in

the instant petitions are required to be adjudicated by the Central

Administrative Tribunal, as the petitioners are holding civil post as

defined under Section 3 of the Administrative Tribunal Act, 1985.

2. On the contrary, the appearing counsel for the petitioners would

contend that the said issues had been previously raised by counsel for

the respondents and was accepted by a coordinate Bench of this Court

in terms of judgment dated 22.09.2021 which judgement on the said

issue came to be set-aside by the Division Bench of this Court in

terms of order dated 09.05.2022 upon being thrown challenge to by

the petitioner herein and the Division Bench while setting aside the said order of reference required the writ Court to continue with the

proceedings and decide the writ petitions on merits, as a consequence

whereof the instant petitions have now come up for consideration

before this Court.

3. In response to the aforesaid submissions of the counsel for the

petitioners, the appearing counsel for the official respondents invited

the attention of this Court to order dated 01.08.2023 passed by the

coordinate Bench (Justice Sanjay Dhar) of this Court in the instant

petitions whereunder the said coordinate Bench has opined that since

the Division Bench in terms of its order dated 09.05.2022 has not

expressed any opinion qua the applicability of the Administrative

Tribunal Act, 1985 to the issues involved in the petitions, as such the

said issue is required to be determined by an authoritative

pronouncement.

However, the appearing counsel for the official respondents

would submit that notwithstanding the aforesaid observation made by

the coordinate Bench, a review petition has been filed before the

Division Bench by the official respondents against its order dated

09.05.2022 supra which is pending consideration.

4. Under the aforesaid circumstances, the consideration of the instant

petitions is deferred till the disposal of the aforesaid review petition.

5. List on 05.11.2024.

(JAVED IQBAL WANI) JUDGE SRINAGAR 03.10.2024 Ishaq