Excelsior Correspondent
KATHUA, Apr 30: Former MLA Billawar and DCC Kathua president, Dr Manohar Lal Sharma today said that shifting of service matters to Central Administrative Tribunal (CAT) to Chandigarh from J&K was not acceptable.
Taking serious note of the shifting of service matters of employees of J&K and Ladakh UTs to CAT (Central Administrative Tribunal) Chandigarh, senior Congress leader said that after nine months of bifurcation of Jammu and Kashmir under the J&K Reorganization Act and after the abrogation of Article 370, the Govt of India, through the Ministry of Personal-Public Grievances and Pensions, Department of Personal and Training, has exercised the powers conferred by Section 18(1) of Administrative Tribunal Act 1985 and has amended the notification of Govt.
In the erstwhile Ministry of Training, Administrative Reforms and Public Grievances and Pensions dated 26th of July 1985, according to which all the service matters of the employees of UT of J&K and UT of Ladakh have been shifted to Central Administrative Tribunal (CAT) Chandigarh, except Army matters. Sharma said that Article 323(A) of the Indian Constitution, which was earlier not applicable to the erstwhile State of J&K, confers power to the Parliament of India to create Tribunals of any kind including the Service matters, Army matters and other matters. Hence, all the service matters were being dealt smoothly by the High Court of J&K. But, the employees of the Central Departments whether living in J&K had the option of going to CAT. Now, the BJP led Govt is giving false assurances to the residents of J&K that the barrier of applicability or non-applicability has been broken. But, in fact this will lead to great hardships for the residents of J&K, who will have to travel a long distance to Chandigarh for securing their rights.
He further said as lawyers don’t have permanent source of income and firstly government snatched their livelihood by transferring Registry powers to SDM’s and now with this order, lawyers will be hurt most. “There are above thousands of services matters pending in Jammu and Srinagar wings of J&K High Court awaiting disposal. These matters pertain to various claims like promotions, pensions, retirement benefits, transfers, suspensions, disciplinary actions, quashing of selection lists, stays and other similar matters. Once these cases are shifted to CAT in Chandigarh, it is bound to prove a tedious and a costly affair for almost all these litigants which will surely defeat the purpose of constitutionally guaranteed justice at the doorstep to the citizens here,” Manohar said.
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