Central Administrative Tribunal
Omkar Nath Bhat vs D/o Higher Education Ut Of J&k on 30 December 2020
:: 1 ::
T.A. No. 61/9246/2020
CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU
Hearing through video conferencing
T.A. No. 61/9246/2020
This the 30th day of December, 2020
HON’BLE MR. RAKESH SAGAR JAIN, MEMBER (J)
Omkar Nath Bhat,
Son of late Sh.Pandit Gopi
Nath Bhat, Originally resident
Of 159-Jawahirnagar, Srinagar,
Kashmir Presently residing in
H.No.219/2, Gangyal Garden,
Jammu, aged 72 years.
........................Applicant
(Advocate: Mr.K.L.Pandita )
Versus
1.
State of Jammu and Kashmir through Commissioner Cum Secretary Higher Education Department, Civil Sectt. Kammu.
2.
Financial Advisor/Chief Accounts Officer, Migrant Cell, Civil Sectt.
Jammu.
3.
Deputy Provident Fund Commissioner, J&K Employees, Provident Fund Organisation, Old Sectt. Building, Jammu.
4.
Vishwa Bharti Womens Welfare Institution, Rainawari Srinagar, through the Management Committee, Akalpore Morh, Muthi, Jammu.
...................Respondents
(Advocate: Mr. Rajesh Thappa, ld. Deputy Advocate General)
:: 2 ::
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
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 State of Jammu and Kashmir through Commissioner-Cum Secretary, Higher Education Department has not been brought within the jurisdiction of this Tribunal by a notification to 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 Higher Education Department 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 Higher Education Department.
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
:: 3 ::
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/-