Excelsior Correspondent
JAMMU, May 20: In a significant judgment, High Court today directed its Registry not to entertain the writ petitions relating to service disputes of the employees of the Union Territory of Jammu and Kashmir and Union Territory of Ladakh and those Central Government employees who are posted and stationed in these two UTs for which the remedy is with CAT Bench Chandigarh subject to further availability of Bench in these UTs.
The judgment has been passed by Justice Ali Mohammad Magrey in a petition filed by Fehmeeda Akhter, who challenged the order by virtue of which the transfer order of the petitioner has been rescinded/ cancelled. The grievance projected by the petitioner in nutshell was that she has been performing her duties as a Community Health Officer, CHO, at Primary Health Centre, PHC, Narbal, and during her posting an order came to be issued by the respondent whereby she was transferred to PHC Ichgam.
Upon her joining at the said place, the impugned order was issued just after three days rescinding/ cancelling the order of transfer without any rhyme or reason.
During the course of hearing, Advocate General DC Raina raised an objection about the maintainability of the writ petition in view of the fact that pursuant to the abrogation of Article 370 of the Constitution of India and formation of the UTs of Jammu & Kashmir and Ladakh all service matters of the Government employees in the Union Territories are required to be heard and considered only by the Central Administrative Tribunal, Chandigarh.
After hearing Advocate MI Dar for the petitioner whereas Advocate General DC Raina assisted by AAGs Shah Aamir and Aseem Sawhney for the UT administration and ASGIs Vishal Sharma and TM Shamsi for the Union of India, Justice Ali Mohammad Magrey observed, “this court cannot entertain a petition raising a service dispute of the employee in the service of the Government of India or the Government of UTs of Jammu and Kashmir and Ladakh”.
Justice Ali Mohammad Magrey further observed, “needless to mention that making available the Bench for the litigants of the UTs of Jammu and Kashmir and Ladakh is for the Government of India to decide and the court being conscious of its constitutional limitations cannot pass any direction in respect of constitution/ sitting of the CAT Benches”.
“This court has no jurisdiction to entertain the petition and the same be, instead, presented before the CAT Chandigarh that has the jurisdiction”, Justice Magrey said and directed Registrar Judicial of the High Court not to entertain the writ petitions relating to service disputes of the employees of the Union Territory of Jammu and Kashmir and Union Territory of Ladakh and those Central Government employees who are posted and stationed in these two Union Territories, for which the remedy is with CAT Bench Chandigarh subject to further availability of a Bench at UTs of Jammu and Kashmir and Ladakh.
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