Kuldeep Raj Age 37 Years S/O vs State Of J&K Through Its
2024 Latest Caselaw 2081 j&K

Jammu & Kashmir High Court

Kuldeep Raj Age 37 Years S/O vs State Of J&K Through Its on 9 October, 2024

Bench: Sanjeev Kumar, Sanjay Dhar

                                                                 Sr. No. 19
     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU

                                                        LPA No. 209/2019
                                                        CM No. 6221/2019
                                                                     c/w
                                                       SWP No. 1039/2013

Kuldeep Raj Age 37 years S/o                     .... Petitioner/Appellant(s)
Sh. Sham Lal R/o Panjtoot,
Tehsil Akhnoor District
Jammu.

                        Through:-   Mr. P.N Bhat, Advocate.

                  V/s

1. State of J&K Through its                               .....Respondent(s)
   Secretary, Education
   Department, J&K, Jammu
2. Director School Education,
   Jammu
3. Masrat Abass, Teacher,
   Middle School Laribal,
   Anantnag, Kashmir.

                        Through:-   Mr. Raman Sharma, AAG.
CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
            HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
                                 ORDER

09.10.2024

1. This intra Court appeal is directed against an order/judgment dated

26.07.2019 passed by learned Single Judge of this Court (hereinafter

referred to as "Writ Court") in WP(C) No. 2792/2019 titled Kuldeep Raj

Vs. State and ors. whereby the writ Court has dismissed the petition of the

appellant primarily on the ground that his claim for promotion at roster

point No. 20 in the category of ALC is already pending adjudication in

SWP No. 1039/2013 and the next roster point 90 is yet to come. The writ

petition has, thus, been found to be unnecessary and has been dismissed.

2. Having heard learned counsel for the parties and perused the

material on record, we are of the considered opinion that the view taken

by the writ Court is correct. The issue as to whether the appellant is

entitled to be promoted in the ALC category of roster point No. 20 is

subject matter of adjudication in SWP No. 1039/2013. If the appellant

succeeds, he would get promotion at roster point No. 20 and in case, he

fails, he has to wait till the roster point reaches serial No. 90. That being

the admitted position, there was no cause for filing the second petition.

The writ Court has rightly dismissed the petition.

3. For these reasons, we find no merit in this appeal and the same is,

accordingly, dismissed.

1. This petition arises out of a service dispute between petitioner on

one hand and Union Territory of Jammu & Kashmir on the other which is

amenable to the jurisdiction of Central Administrative Tribunal, Jammu.

2. This petition is, accordingly, transferred to Central Administrative

Tribunal, Jammu Bench at Jammu for adjudication in accordance with

law.

3. Registry to transmit the record of the petition to Central

Administrative Tribunal, Jammu Bench at Jammu.

4. Parties to appear before the Tribunal on 14.11.2024.

                                   (Sanjay Dhar)        (Sanjeev Kumar)
                                       Judge                     Judge


Jammu:
09.10.2024
Tarun/PS