Central Administrative Tribunal
Gh Ahmad Ganai vs D/o Housing And Urban Development Ut Of J&k on 30 December 2020
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T.A. No. 62/228/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU
Hearing through video conferencing
T.A. No. 62/228/2021
This the 30th day of December, 2020
HON’BLE MR. RAKESH SAGAR JAIN, MEMBER (J)
HON’BLE MR. ANAND MATHUR, MEMBER (A)
Ghulam Ahmad Ganni, age 51 years,
S/o Abdul Jabbar Ganai
R/o Goigam, Tehsil Pattan Distt. Baramulla.
........................Applicant
(Advocate: Mr.Ahmad Javid)
Versus.
1.
State of Jammu & Kashmir through
Commissioner Secretary to Govt.,
Housing & Urban Dev. Deptt.
Civil Secretariat, Srinagar.
2.
Director, Urban Local Bodies, Kashmir Srinagar.
3.
Executive Officer,
Municipal Committee, Budgam.
4.
Executive Officer,
Municipal Council Baramulla.
...................Respondents
(Advocate: Mr.Rajesh Thappa,DAG)
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O R D E R
[O R A L]
Delivered by Hon’ble Mr. Anand Mathur, Member (A): -
The present TA has been received by way of transfer from The Hon’ble High Court of J&K at Srinagar. It has been submitted at the Bar that since the respondent Municipal Committee, Srinagar 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 Municipal Committee, Srinagar 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 Municipal Committee, Srinagar.
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 at Srinagar 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
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Jammu & Kashmir at Srinagar 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.
(ANAND MATHUR) (RAKESH SAGAR JAIN) MEMBER (A) MEMBER (J)
Ak/-