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High Court of Jammu and Kashmir · body

2025 DAILYLAW 13570 (JK)

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

Judgment text

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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