Serial No.9

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

SWP No. 1550/2011

ZaheenAkhter and anr.

…Applicant(s)/Petitioner(s)

Through:-

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Mr. M. R. Qureshi, Advocate

v/s

State of J&K and Ors.

…Respondent(s)

Through:-

Mr. Amit Gupta, AAG

Coram:HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

ORDER

Vide an order dated 31.03.2021, the present writ petition being

SWP No. 1550/2011 was ordered to be transferred to the Central

Administrative Tribunal (CAT), Jammu Bench for adjudication in view of

the fact that the matterpertaining to the state service has become

amendable to the jurisdiction of the CAT, Jammu Bench.

The CAT Jammu Bench diarized the transferred SWP No.

1550/2011 petition as T.A./61/5814/2021 titled as Zaheen Akhter and

another. v. State of J&K and others in terms of its order dated 24^th of May

2021. Again in terms of an order dated 31^st August, 2021, the said TA was

put up for rejoinder from the petitioners’ side meaning thereby the case

stood taken cognizance of.

In the cause title of the petition before the CAT though the

respondents were mentioned but none of them being a Cooperative Society.

However, for reasons best known to the learned Chairman of the CAT, just

on the asking of the counsel for the respondents that cooperative society has

not been brought under the jurisdiction of the Central Administrative

Tribunal and without referring to the status of the actual respondents, the

learned Chairman, CAT mechanically acting referred back the matter to this

Court. The conduct of the learned counsel for the respondents before the

CAT, Jammu Bench and resultant order of the learned Chairman, CAT

literally stand on the same footing of sitting in judgment upon the order

dated 31.03.2021 of this court. This court, for the sake of keeping the

record straight, reiterates that the subject matter of the writ petition is

cognizable by the CAT without any role or indulgence of any cooperative

society relating to the deceased employee. This court feels constrained to

registerits displeasure in modest tone to the manner in which the matter has

been dealt with by the learned Chairman CAT by referring back the same to

this court.

Be that as it may be ,the matter is again remitted back to the

Central Administrative Tribunal Jammu Bench with a direction to admit the

petition to the number already assigned by it and to ensure to dispose of the

same within six months from the date of appearance of the parties before the

CAT, considering the subject matter.

Registry is directed to remit the record of the petition to the CAT

Jammu Bench forthwith. The parties are directed to appear before the

learned Tribunal on 25.05.2022.

(RAHUL BHARTI)

JUDGE

Jammu

04.04.2022

Javid