ISHTIYAQ ALI AND ORS. v. BISHWAJIT KUMAR SINGH AND ORS. (SCHOOL EDUCATION DEPARTMENT)
CCP(S)/327/2020 · 2025-02-21
Sanjay Dhar
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 7914 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7914 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CCP(S) No.327/2020, WP(C) No.2737/2019 Page 1 of 3
S. No.16 Regular List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CCP(S) No.327/2020 WP(C) No.2737/2019
Ishtiyaq Ali and Ors
... Petitioner(s) Through: -Mr. Lone Altaf, Advocate. Vs. Bishwajit Kumar Singh and Ors
…Respondent(s) Through: -Mr.Syed Musaib, Dy.AG
CORAM:
HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE
(ORDER) 21.02.2025
WP(C) No.2737/2019:
1) Through the medium of present writ petition the petitioners have sought regularization of their services in terms of J&K Civil Service (Special Provisions) Act, 2010. The subject matter of this writ petition falls within the definition of service matters as contained in Section 3(q) of the Administrative Tribunal Act and the writ petition is, therefore, amenable to the jurisdiction of the Central Administrative Tribunal. Accordingly, the present petition is transferred to Central Administrative Tribunal Srinagar Bench for its disposal under law. 2) Registry is directed to transmit the record of the case to the Central Administrative Tribunal, Srinagar Bench, where the parties shall appear on 20.03.2025. CCP(S) No.327/2020, WP(C) No.2737/2019 Page 2 of 3
CCP(S) No.327/2020:
1. Through the medium of instant petition the petitioners have complained about violation of interim order dated 07.08.2019 passed in WP(C) No.2737/2019, whereby the respondents were directed to allow the petitioners to continue till the posts were filled up by way of regular promotion or selection. They were further directed to allow the petitioners to participate in the selection process in the event the posts in question were advertised. 2. Main writ petition stands transferred to Central Administrative Tribunal. 3. A Co-ordinate Bench of this Court in case titled Abdul Qayoom Guroo vs. Ajeet Kumar Sahoo and Others, CCP(S) No.144/2020, decided on 29.09.2021, has, while considering the question as to whether Central Administrative Tribunal constituted under Section 4 of the Administrative Tribunal Act, 1985 [“the Act”] has power and authority under Section 17 of the Act to punish for contempt in relation to an interim order passed by the High Court in a writ petition, which was subsequently transferred to it under Section 29 of the Act, held that contempt proceedings in relation to orders passed by this Court in the petitions, which subsequently stand transferred to the Tribunal under Section 29 of the Act, shall lie only and only before the Tribunal under Section 17 of the Act. CCP(S) No.327/2020, WP(C) No.2737/2019 Page 3 of 3
4.
In view of the aforesaid ratio laid down by this Court, the instant contempt petition is held to be not maintainable. The same is, accordingly, dismissed with liberty to the petitioners to approach the Central Administrative Tribunal Srinagar by way of an application under Section 17 of the Act read with Contempt of Courts (CAT) Rules, 1992. (SANJAY DHAR) JUDGE
SRINAGAR 21.02.2025 Sarveeda Nissar
Sarveeda Nissar I attest to the accuracy and authenticity of this document every page at bottom left side 25.02.2025 11:40