Jammu & Kashmir High Court disposed of a service matter concerning a medical officer stating that the High Court no longer has the jurisdiction to entertain service matters following the abrogation of Article 370 of the Constitution and the bifurcation of the erstwhile State into two Union Territories.
The Jammu & Kashmir High Court noted,
All Central laws are now applicable to Jammu and Kashmir. Justice Ali Mohammad Magrey made the observation while dealing with a petition filed by a medical officer challenging certain transfer orders.
All such matters now will have to be heard by the Central Administrative Tribunal (CAT) at Chandigarh which would be the forum of first instance.
The Advocate General, Dr. DC Raina challenged the maintainability of such a plea before the High Court.Raina argued that following the abrogation of Article 370 and revocation of the special status accorded to the erstwhile State of Jammu & Kashmir, all central laws are now applicable to the two Union Territories of Ladakh and Jammu & Kashmir. This would include the applicability of the Administrative Tribunals Act, 1985 which provides for service matters concerning government employees to be heard by the CAT.
The Court, however, rejected the petitioner’s argument and pointed out that the exemption from the applicability of the Act was given to the State of Jammu and Kashmir, which now no longer exists on account of being bifurcated into Union Territories. The court observed,
“The plain reading of the provision of law makes it clear that the same talks of the State of Jammu and Kashmir which now stands formed into two different Union Territories, therefore, the submission made by the learned counsel that the Act is not applicable to the Jammu and Kashmir is unfounded, therefore, rejected.”
Agreeing with Raina’s arguments, the Court highlighted that the Central Administrative Tribunal Act, 1985 was established under Article 323A of the Constitution of India, which along with Article 323B provided for establishment of various Tribunals. The Court underscored,
“Article 323- A (2) (d) excludes the jurisdiction of all Courts, except that of the Supreme Court under Article 136, with respect to the dispute or complaints referred to in clause (1).”
“…this Court cannot entertain a petition raising a service dispute of the employee in the service of the Government of India or the Government of Union Territory of Jammu and Kashmir and Ladakh”
J&K HC
The Court, however, granted liberty to the petitioner to approach the CAT and said that owing to the urgency in the matter, it is expected that the CAT would take up the matter for hearing on an urgent basis.
The Court further issued the following instructions as regards other similar matters that may come before the High Court in future:
- The Registrar (Judicial) of the High Court is instructed not to entertain the writ petitions relating to service disputes of the employees of the Union Territory of Jammu and Kashmir and Union Territory of Ladakh and those concerning Central Government Employees.
- The Registrar (Judicial) is also directed to give wide publicity to this judgment to ensure that the position as regards jurisdiction is made known
- The petitioner was represented by Advocate Mohammad Iqbal Dar and the Government of the Union Terriroty of Jammu & Kashmir was represented by Advocate General DC Raina.
Read the Order here:
