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2024 DAILYLAW 698 (JK)

HAROON ABDULLAH MIR v. UNION TERRITORY OF J AND K AND ORS. (GENERAL ADMINISTRATION / HORTICULTURE)

WP(C)/1217/2024 · 2026-06-30

Shahzad Azeem

Writ Petition (Civil)body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 54 Regular Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1217/2024 CM(2869/2025) CM(3360/2024) Haroon Abdullah Mir …Appellant(s)\Petitioner(s) Through: - Mr. Danish Yousuf, Advocate. V/s Union Territory of J&K and Ors. … Respondent(s) Through: - Mr. Hakeem Aman Ali, Dy. AG. CORAM: HON’BLE MR JUSTICE SHAHZAD AZEEM, JUDGE. (ORDER) 30.06.2026 1. Petitioner, through the medium of this petition, invoking extra ordinary jurisdiction of this Court seeks following reliefs: i. Writ of Certiorari, for quashing the impugned communication dated 29.01.2024 qua the petitioner forming Annexure-A to the writ petition. ii. Writ of Certiorari, for quashing the impugned communication dated 29.01.2024 qua the petitioner forming Annexure-I to the writ petition. iii. The Hon’ble Court may be pleased to issue writ of mandamus commanding the respondents to consider the case of petitioner for compassionate appointment without asking for the above said certificates and process his case on the basis of documents already submitted. iv. The Hon'ble court may further be pleased to call for the record of the case of the petitioner pertaining to compassionate appointment before this Hon'ble court and issue appropriate order seeking explanation from the respondents about the cause of delay in finalizing the case for compassionate appointment as mandated by the Hon'ble Supreme court in case titled Malya Nanda Sethy Vs State of Orissa & Ors. v. The Hon'ble court may further be pleased to award costs of litigation to the tune of Rs. 10.00 lacs in case of the petitioner and recover the same from the salary of erring officer who has caused delay in disposal of compassionate appointment case of petitioner. 2. In view of the Notification No. G.S.R. 267(E) dated 29th April, 2020 read with Notification No. G.S.R 317(E) dated 28th May, 2020 and Notification No. G.S.R. 471(E) issued by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), the jurisdiction to decide the lis regarding service disputes of the employees of the union Territories of J&K and Ladakh has been conferred upon the Central Administrative Tribunal(CAT). 4. Considering the aforesaid fact, let the record of the present case be transferred to the CAT, Srinagar Bench, however, retaining a soft copy thereof for record. 5. The parties are directed to appear before the Central Administrative Tribunal (CAT), Srinagar Bench on 27th of July, 2026. (SHAHZAD AZEEM) JUDGE SRINAGAR June 30th, 2026 Shoaib Javid