High CourtsSingle Bench(2020) 09 J&K CK 0050

Adil Mushtaq vs State Of J&K And Others

Jammu And Kashmir High Court · Decided on 23 September 2020

HON’BLE JUDGES
Ali Mohammad Magrey, J
RESULT
Disposed Of
CASE NUMBER
Civil Miscellaneous No. 3871 Of 2020, SWP No. 758 Of 2017

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Judgment

6 paragraphs · 216 words

Ali Mohammad Magrey, J

By medium of the instant application, the applicants/petitioners are seeking recalling of order dated 5th of August, 2020, in terms whereof, the writ petition (SWP No. 758/2017) stands transferred to Central Administrative, Bench Jammu, with reference to subject being service dispute between the applicants/petitioners and the respondent corporation.

Perusal of application reveals that subject matter of the writ petition is the seniority list issued by Power Development Corporation, which Corporation is not amenable to the jurisdiction of Central Administrative Tribunal, as no notification has been issued by the Government of India under section 14 (2) of the Central Administrative Tribunals Act, 1985, in this behalf conferring jurisdiction to Central Administrative Tribunal.

Mr Irfan Andleeb, learned Dy. AG appearing on behalf of respondents submits that there is no notification issued by the Government of India as required in terms of section 14 (2) of the Act, therefore, unless that notification is issued, Central Administrative Tribunal will not have the jurisdiction.

In above background, the instant application on the reasons supplied, is allowed and the order passed on 5th of August, 2020, shall stand recalled and the writ petition (SWP No. 758/2017) is restored to its original position and is directed to be listed on 7th of December, 2020.

CM disposed of as above.