Mohd.Ashraf v. State Th.Home Deptt.
Case brief
What is this about?
In SWP regarding service dispute of Union Territory employees, this Court transferred the record to the Central Administrative Tribunal, Jammu Bench, relying on notifications conferring jurisdiction upon the Tribunal.
What did the court decide?
Record of the present case transferred to CAT, Jammu Bench, retaining a soft copy thereof for record.
What the court decided
S.No.239 After Notice Cause List
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
SWP No.572/2010(O&M)
Mohd. Ashraf …Petitioner(s) v/s
State of J&K and others ….Respondent(s)
Coram: HON’BLE MR. JUSTICE RAJESH BINDAL, JUDGE
ORDER
- In view of Notification No. G.S.R. 267(E) dated 29th April, 2020 read with Notification No. G.S.R. 317(E) dated 28th May, 2020, issued by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), the jurisdiction to decide the lis regarding service disputes of the employees of the Union Territories of J&K, and Ladakh has been conferred upon the Central Administrative Tribunal (CAT), Jammu Bench. None of the counsels pointed out that the jurisdiction to decide the lis is not with the Tribunal. There is no order of the Court in the softcopy of the paperbook transferring the case to the Tribunal.
- Considering the aforesaid fact, let the record of the present case be transferred to CAT, Jammu Bench, however, retaining a soft copy thereof for record.
Issues for consideration
2 issues framed by the court
Whether jurisdiction over service dispute of Union Territory employees lies with the High Court or transferred to the Central Administrative Tribunal.
Whether there is an order transferring the case to the Tribunal.
Parties & counsel
- petitioner
MOHD. ASHRAF
- respondent
STATE OF J&K
Coram
RAJESH BINDAL
Case details
As recorded by the court registry
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