Central Administrative Tribunal
Subash Chander vs D/o Universsity Of Jammu on 30 December 2020
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T.A. No. 61/9287/2020
CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU
Hearing through video conferencing
T.A. No. 61/9287/2020
This the 30th day of December, 2020
HON’BLE MR. RAKESH SAGAR JAIN, MEMBER (J)
Subash Chandra S/oSh.Om Prakash R/o House No.195, Ward No.13, Village Bishnah, tehsil and district Jammu, age 42 years.
........................Applicant
(Advocate: Mr.R.K. Jain)
Versus
1.
State of Jammu and Kashmir through its Chief Secretary, Civil Secretariat, Jammu.
2.
University of Jammu through its Vice Chancellor, Jammu.
3.
The Registrar, University of Jammu, Jammu.
4.
The Executive Engineer, Works Department, University of Jammu, Jammu.
...................Respondents
(Advocate: Mr. Amit Gupta, AAG)
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O R D E R
[O R A L]
Delivered by Hon’ble Mr. Anand Mathur, Member (A): -
1. The present TA has been received by way of transfer from Hon’ble High Court of J&K at Jammu. It has been submitted at the Bar that since the respondent University of Jammu through its Vice Chancellor, Jammu has not been brought within the jurisdiction of this Tribunal by a notification to
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be issued by the Central Government under Sec. 14 (2) of the Administrative Tribunal Act, 1985, the Tribunal cannot assume jurisdiction in respect of any service matter pertaining the University of Jammu through its Vice Chancellor, Jammu under the Act. I accordingly hold that this Tribunal is not vested with any jurisdiction to entertain any petition related to any service dispute in the University of Jammu through its Vice Chancellor, Jammu.
2. In similar circumstances, the Bench of Armed Forces Tribunal, Jammu comprising of Hon’ble Mr. Justice Mohammad Tahir, Member (J) and Hon’ble Vice Admiral A. G. Thapliyal in TA No. 267 of 2017 (SWP No. 1188 of 2014) titled Bahadur Singh v/s Union of India vide order dated 25.03.2019 held that since the Tribunal does not have the jurisdiction to deal with the matter, the case be sent back to the Registrar (Judicial), High Court of Jammu & Kashmir to be listed before the appropriate Bench.
3. Therefore, since this Tribunal has no jurisdiction to deal with the present case, this case be sent back to Registrar (Judicial), High Court of Jammu & Kashmir at Jammu to place before the Hon’ble Bench for further orders.
4. Both the parties are directed to appear before the Registrar (Judicial), High Court of Jammu & Kashmir at Srinagar on 17.02.2021.
(RAKESH SAGAR JAIN) MEMBER (J)
Ak/-