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2025 DAILYLAW 6976 (JK)

SUSHIL KUMAR MATTOO AND ORS. v. MOHAMMAD HUSSAIN MIR AND ORS. (GENERAL ADMINISTRATION / PUBLIC SERVICE COMMISSION)

WP(C)/843/2025 · 2025-04-29

Sanjeev Kumar, Vinod Chatterji Koul

body2025

Judgment text

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WP (C) No. 843/2025 Page 1 of 2 Sr. No. 1 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP (C) No. 843/2025 CM No. 2202/2025 Sushil Kumar Mattoo & Ors. …Petitioner(s)/Appellant(s) Through: Mr. G. A. Lone, Adv. with Mr. Mujeeb Andrabi, Adv. Vs. Mohammad Hussain Mir & Ors. ...Respondent(s) Through: Mr. Arif Sikander Mir, Adv. with Ms Laraib Anjaleena, Adv. CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 29.04.2025 1. At the outset, learned counsel for the respondents places reliance upon an order dated 15th April 2025 passed by a Co-ordinate Bench of this Court in WP (C) No. 803/2025, whereby the Co-ordinate Bench, under similar set of circumstances and in a challenge made to the order impugned in this petition, directed the petitioners therein to be impleaded as party respondents with liberty to move a motion for recalling of the impugned order dated 11th March 2025 before the Central Administrative Tribunal, Srinagar Bench [“the Tribunal”]. 2. Mr. Lone, learned counsel for the petitioners submits that before the Co-ordinate Bench, the issue with regard to jurisdiction of Single Bench of the tribunal to hear the matter touching upon the seniority of the Government employees of Union Territory of India was neither raised nor decided. Mr. Lone, therefore, prays for consideration of the matter notwithstanding the order dated 15th April 2025 passed in WP (C) No. 803/2025 in respect of the same order which is now under challenge before us in this petition. 3. Having heard learned counsel for the parties and perused the record, we are of the considered opinion that this Court cannot pass two different orders in a case. Mohd Altaf Nima I attest to the accuracy and authenticity of this document 30.04.2025 WP (C) No. 843/2025 Page 2 of 2 4. Indisputably, in WP (C) No. 803/2025, the order dated 11th March 2025 passed in OA No. 190/2025 was under challenge. It is the same order which is assailed in the petition before us also. On the analogy of the order dated 15th April 2025 and also with a view to maintain judicial discipline, we are not inclined to pass a different order. However, with a view to protect the interest of the petitioners herein, we will not only implead them as party-respondents before the tribunal but shall also provide that it shall be open to the petitioners herein to raise the issue of jurisdiction of Single Bench of the tribunal to deal with the matter. 5. Accordingly, this petition is disposed of by providing that the petitioners herein shall be arrayed as party-respondents in OA No. 190/2025 and shall further be entitled to file objections and move a motion for vacation/recalling of the order dated 11th March 2025 impugned in this petition. We, however, make it clear that notwithstanding the disposal of this petition by instant order, it shall be open to the petitioners herein to raise the issue of jurisdiction of the Single Bench of the tribunal to deal with the matter. It is further provided that in case objection is raised before the tribunal, the tribunal shall proceed to dispose of that objection before considering the matter on merits. We expect that the tribunal shall consider the application for vacation of stay, if any, moved by the petitioners herein also along-with the similar application moved by the petitioners in WP (C) No. 803/2025. (VINOD CHATTERJI KOUL) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR: 29.04.2025 Altaf Mohd Altaf Nima I attest to the accuracy and authenticity of this document 30.04.2025