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1994 Supreme(J&K) 37

SYED SAGHIR AHMAD, B.A.KHAN, A.M.MIR
Kuldip Khuda – Appellant
Versus
Masud Ahmad Choudhary – Respondent


Advocates Appeared:
Advocate For Appellant: H.L. Bhagotra
Advocate For Respondent: B.A. Nazki
Advocate For Respondent: M.S. Malik
Advocate For Respondent: H.U. Rehman
Advocate For Respondent: A.V. Gupta

"Delivered by Honble Mr. S.S. Ahmad, Chief Justice"

1. Respondent No: 1 who is an I.P.S. officer filed writ petition No: 119/89 in this court praying interalia that he may be placed senior to the appellants as also other officers who were imp leaded with the appellants as opposite party in the petition. Respondent No. 1 also prayed for a direction to the State Government of Jammu and Kashmir to treat the cadre strength of the State of Jammu and Kashmir to have been raised from 49 to 120 in the Year 1986 and treat the petitioner as having been appointed to the I.P.S cadre with effect from 1978 and to assign to him 1972 as the year of allotment.

The respondents did not file any counter affidavit in this case, but raised a preliminary objection regarding the maintainability of the petition on the ground that the jurisdiction of this court to issue writ, order or direction under section 103 of the Constitution of Jammu and Kashmir read with Article 226 of the Constitution of India was taken away by an Act of Parliament, namely, the Administrative Tribunal Act, 1985 under which Central Administrative Tribunals were constituted for adjudicating the disputes regarding service matters etc of


















































































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