Fazia vs State Of J&K And Others

Sindhu Sharma, J

Petitioner seeks a direction to the respondents to settle the family pension case of the petitioner being the only dependent daughter of the deceased pensioner, Sh. Gh. Hassan Matoo. The deceased had superannuated from service in the year 2006 and at the time of his death, he was survived by five children and the petitioner being minor sought grant of pensionery benefits in her favour under rules.

Learned counsel for the respondents has raised preliminary objections that the jurisdiction to decide lis rests with Central Administrative Tribunal, Jammu Bench. It is submitted that after the abrogation of Article 370, the jurisdiction to decide the service disputes of the employees of the Union Territory of J&K would be with the Central Administrative Tribunal.

Learned counsel for the petitioner, however, has argued that the existence of an alternate remedy is not a bar in considering this petition and since this petition is pending, therefore, the same may be heard and finally considered by this Court.

The Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) has issued Notification No. G.S.R. 276(E) dated 29.04.2020 read with Notification No. G.S.R. 317(E) dated 28.05.2020 vide which the jurisdiction to decide the service disputes of the employees of the Union Territory of Jammu and Kashmir and Ladakh has been conferred on the Central Administrative Tribunal, Jammu Bench. Therefore, in view of the aforesaid notification, the jurisdiction to hear the service disputes of employees of the Union Territory of J&K lies with the Central Administrative Tribunal in the first instance.

In view of the aforesaid, the present petition is transferred to the Central Administrative Tribunal, Jammu Bench and let the records of the same be sent to the Central Administrative Tribunal, Jammu Bench. The Tribunal shall issue notice of appearance to the parties for further proceedings.

Disposed of alongwith IA.