Ghulam Qadir Dar & Ors vs State Of Jammu & Kashmir And Ors
2025 Latest Caselaw 48 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Ghulam Qadir Dar & Ors vs State Of Jammu & Kashmir And Ors on 6 May, 2025

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                                  S. No.3
                                                                  Regular List

,,,   HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                             AT SRINAGAR


                             CCP(S) No. 614/2021
                             in[SWP 49/2019] CM No.(1388/2022)


GHULAM QADIR DAR & ORS

                                                      .....Petitioner(s)
                             Through: Mr.L.A.Latief, Advocate.
         V/s

STATE of JAMMU & KASHMIR AND ORS

                                                      ... ..Respondent(s)

                            Through : None.

CORAM:
   HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                             ORDER

06 05.2025

1. The petitioners happen to be the retired employees of Power

Development Department of Government of Jammu and

Kashmir. They have raised the service dispute in the present

writ petition.

2. Although presently Kashmir Power Development Corporation

Ltd. has been established and some of the employees of the

Power Development Department stand deputed to the

Corporation, yet the fact of the matter remains that the

petitioners were employees of Power Development

Department and not of Kashmir Power Development Corporation Ltd. and, admittedly, Power Development

Department is still in existence. Therefore, the dispute

involved in the present writ petition is amenable to the

jurisdiction of the Central Administrative Tribunal (CAT).

3. Accordingly, the writ petition is transferred to Central

Administrative Tribunal Srinagar Bench for its disposal under

law.

4. Registry is directed to transmit the record of the writ petition

to the Central Administrative Tribunal Srinagar Bench

forthwith, where the parties shall appear on 28.05.2025.

CCP(S) No.614/2021:

1. Through the medium of instant petition the petitioners

have complained about violation of interim order dated

14.01.2019 passed in SWP No.49/2019, whereby the

respondents were directed to pay service benefits as were paid

in similarly situated cases in the light of judgments referred in

the petition.

2. Main writ petition stands transferred to Central

Administrative Tribunal in terms of above order passed in

SWP No.49/2019.

3. A Co-ordinate Bench of this Court in case titled Abdul

Qayoom Guroo vs. Ajeet Kumar Sahoo and Others, CCP(S)

No.144/2020, decided on 29.09.2021, has, while considering

SWP No.49/2019, CCP(S) No.614 of 2021 2|P a g e the question as to whether Central Administrative Tribunal

constituted under Section 4 of the Administrative Tribunal

Act, 1985 ["the Act"] has power and authority under Section

17 of the Act to punish for contempt in relation to an interim

order passed by the High Court in a writ petition, which was

subsequently transferred to it under Section 29 of the Act, held

that contempt proceedings in relation to orders passed by this

Court in the petitions, which subsequently stand transferred to

the Tribunal under Section 29 of the Act, shall lie only and

only before the Tribunal under Section 17 of the Act.

4. In view of the aforesaid ratio laid down by this Court,

the instant contempt petition is held to be not maintainable.

The same is, accordingly, dismissed with liberty to the

petitioners to approach the Central Administrative Tribunal by

way of an application under Section 17 of the Act read with

Contempt of Courts (CAT) Rules, 1992.

(SANJAY DHAR) JUDGE

SRINAGAR 06.05.2025 Sarveeda Nissar

SWP No.49/2019, CCP(S) No.614 of 2021 3|P a g e

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