AB.RAZAK v. STATE TH.COMMISSIONER SECRETARY HOME DEPTT.AND ORS.
WP(C)/2277/2019 · 2025-10-10
Vinod Chatterji Koul
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 13570 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13570 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 35
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 2277/2019
AB. Razak
…. Petitioner/Appellant(s)
Through:- Mr. O.P. Thakur, Advocate
V/s
State of J&K & Ors.
…..Respondent(s)
Through:- Ms. Sagira Jaffer, Advocate vice Mrs. Monika Kohli, Sr. AAG
CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE
ORDER
10.10.2025
This matter was transferred to the Central Administrative Tribunal (CAT) by this Court vide order dated 26.06.2020. The petitioner is seeking issuance of a writ of mandamus directing the respondents to regularize/appoint/absorb him as a Constable/Follower on a permanent basis with effect from 21.02.1999, and to fix his pay and salary, including all emoluments and allowances, at par with a regular Constable/Follower, on the basis of the well-settled principle of 'equal pay for equal work', and to pay the same retrospectively with all consequential benefits. In view of the fact that the petitioner is claiming regularization in the post of Constable, the relief sought clearly falls within the jurisdiction of the Central Administrative Tribunal. However, the Tribunal appears to have fallen in error by passing the order dated 06.04.2021, wherein it observed that it had no jurisdiction in the matter.
__________
Having regard to the nature of the relief claimed, it is evident that the jurisdiction lies with the Central Administrative Tribunal. Accordingly, this case is transferred back to the Central Administrative Tribunal for consideration and in accordance with law. Parties shall appeared before the Central Administrative Tribunal Bench, Jammu on 10.11.2025. Registry to transmit the record forthwith.
(Vinod Chatterji Koul)
Judge
Jammu: 10.10.2025 Amit