ORDER :

1. By this order I proceed to deal with the issue raised by Mr. D. C. Raina, learned Advocate General, and Mr. Sunil Sethi, learned senior counsel, representing respondents 1 & 2, that in view of the application of the Central Administrative Tribunal Act, 1985 (CAT Act) to the Union Territory of Jammu and Kashmir, this Court does not have the jurisdiction to entertain this writ petition against the Jammu and Kashmir Bank Limited (the Bank) as a Court of first instance, or that the Court of first instance in relation to the controversy raised in this petition is the Central Administrative Tribunal.

2. Before coming to the arguments advanced at the Bar, I deem it apt to mention here that after his Excellency the President made the Constitutional (Application to Jammu and Kashmir) Order, 2019 (C.O. 272) dated 05.08.2019 read with the Declaration made under Article 370(3) of the Constitution in terms of Notification G.S.R. 562(E) (C.O. 273) dated 06.08.2019; and after the Parliament enacted the Jammu and Kashmir Reorganization Act, 2019 (No.34 of 2019), the Government of India in the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), New Delhi, in exercise of powers conferred by sub-section (1) of section 18 of the CAT Act, issued Notification G. S. R. 267(E) dated 29.04.2020 extending the jurisdiction of the Central Administrative Tribunal, Chandigarh Bench, inter alia, to the Union Territories of Jammu and Kashmir, and Ladakh. Subsequently, by another notification, issued in exercise of the powers conferred by sub-section (7) of Section 5 of the CAT Act, the said Department issued Notification no. G.S.R. 317(E) dated 28.05.2020, specifying Jammu and Srinagar as the places at which the Benches of the Central Administrative Tribunal shall ordinarily sit for the Union Territory of Jammu and Kashmir and Union Territory of Ladakh. Further, by yet another Notification no. G.S.R. 318(E) of even date, issued by the Central Government in the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), New Delhi, in exercise of the powers conferred by sub-section (1) of Section 18 of the said Act, the jurisdiction of the Jammu Bench of the Tribunal, was specified to be the Union Territory of Jammu and Kashmir and Union Territory of Ladakh. In short, the CAT Act stands extended to the two Union Territories (UTs) and a Bench thereof stands established at Jammu for the two UTs.

3. The learned Advocate General submitted that after the establishment of the Central Administrative Tribunal (CAT) for the Union Territories of Jammu and Kashmir, and Ladakh, all the jurisdiction, powers and authority which were exercisable by this Court immediately before establishment of the CAT in relation to the matters enumerated there under, in terms of Sub-Section (1) of Section 14 of the CAT Act are exercisable by the CAT as the court of first instance. The learned Advocate General made specific reference to the words ‘recruitment, and matters concerning recruitment’ occurring in Clause (a) of Sub-section (1) of Section 14 and submitted that since the instant matter relates to recruitment in the Bank, declared as a public authority, all jurisdiction and powers and authority in relation thereto lies with the CAT. Similar argument was made by Mr. Sunil Sethi, learned senior counsel, for respondents 1 and 2. Mr. Sunil Sethi, while seeking to rebut the argument of Mr. Jehangir Iqbal, learned senior counsel for the petitioners, which would be referred to immediately hereafter, went a step further to submit that since the Bank is a public authority and a State within the meaning of Article 12 of the Constitution, the posts borne on it are civil posts under the Union and, therefore, are covered under Clause (a) of Sub-section (1) of Section 14 of the CAT Act. The learned Advocate General and Mr. Sunil Sethi also made an endeavour to convince this Court that the matter in issue would als