USHA DEVI v. U T OF J AND K TH COMMISSIONER SECRETARY EDUCATION DEPTT AND OTHERS
WP(C)/528/2023 · 2025-03-10
Sanjay Dhar
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 2154 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 2154 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 60 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Case:WP(C) No. 528/2023 C/W SWP No. 2593/2015
Usha Devi …Petitioner(s)/Appellant(s) Through: Mr. Rahul Pant, Sr. Advocate with Mr. Anirudh Sharma, Advocate in WP(C) No. 528/2023 Mr. A A Hamal, Advocate in SWP No. 2593/2015
V/s
UT of J&K and ORs. …. Respondent(s) Through: Mr. Vivek Mattoo, Advocate vice Mr. Adrash Sharma, Advocate
CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER 10.03.2025
WP(C) No. 528/2023 The subject matter of the instant petition pertains to the service matter, as such the same is amenable to the jurisdiction of the Central Administrative Tribunal, Jammu Bench.
Learned counsel for the petitioner appearing in SWP No. 2593/2015 submits that the instant petition cannot be transferred to Central Administrative Tribunal, as the petition filed by Sahira Banoo in which Smt. Usha Devi is impleaded as respondent No. 5 has a bearing on the outcome of the aforesaid writ petition. I am afraid the contention of learned counsel for the petitioner-Sahira Banoo cannot be accepted, for the reason that once subject matter of the writ petition is amenable to the jurisdiction to the Central Administrative Tribunal, it would not be open to this Court to entertain the writ petition, merely because a connected petition which is amenable to the jurisdiction of this Court is pending before the Court. It will be open to petitioner-Sahira Banoo to get her impleaded in the petition filed by Smt. Usha Devi as a party respondent and bring to the
notice to the Tribunal the fact that a connected petition is pending before this Court. Accordingly, this writ petition is transferred to the Central Administrative Tribunal (CAT) at Jammu. Registry shall transmit the record to the Tribunal forthwith, after maintaining the index thereof. The parties are directed to appear before the Tribunal on 22.04.2025 SWP No. 2593/2015
List for further proceedings on 07.05.2025.
(SANJAY DHAR)
JUDGE
Jammu 10.03.2025 JavidIqbal