SHAMEEMA BANO AND ORS v. UNION TERRITORY OF J AND K AND ORS (HIGHER EDUCATION)
WP(C)/1857/2023 · 2025-02-12
Sanjay Dhar
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 8263 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 8263 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP(C) No.1857/2023, CCP(S) No.493/2023 Page 1 of 3
S. No.34 Regular List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) No.1857/2023 CCP(S) No.493/2023
Shameema Banoo and Ors
... Petitioner(s) Through: -Ms. Humaira Shafi, Advocate Vs. UT of J&K and Ors
…Respondent(s) Through: -Mr.Syed Musaib, Dy.AG
CORAM:
HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
WP(C) No.1857/2023:
1) One of the reliefs sought by the petitioners in the present writ petition is relating to regularization of their services against available posts in view of their long and continuous service with the Government. The subject matter of the writ petition is, therefore, covered within the definition of service matters as contained in Section 3(q) of the Administrative Tribunals Act. The writ petition is, therefore, amenable to the jurisdiction of the Central Administrative Tribunal. 2) Accordingly, the present petition is transferred to Central Administrative Tribunal Srinagar Bench for its disposal under law. WP(C) No.1857/2023, CCP(S) No.493/2023 Page 2 of 3
2) Registry is directed to transmit the record of the writ petition to the Central Administrative Tribunal, Srinagar Bench forthwith, where the parties shall appear on 03.03.2025. CCP(S) No.493/2023:
1. Through the medium of instant petition the petitioners have complained about violation of interim order dated 03.09.2023, whereby the respondents were directed to file action taken report in terms of order dated 26.07.2023, whereby they were directed to pay the legitimately earned wages of the petitioners for the period they have worked. 2. Main writ petition stands transferred to Central Administrative Tribunal Srinagar Bench in terms of above order passed in WP (C) No.1857/2023. 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
WP(C) No.1857/2023, CCP(S) No.493/2023 Page 3 of 3
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. 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 by way of an application under Section 17 of the Act read with Contempt of Courts (CAT) Rules,
1992. (SANJAY DHAR) JUDGE
SRINAGAR 12.02.2025 Sarveeda Nissar
Sarveeda Nissar I attest to the accuracy and authenticity of this document every page at bottom left side 18.02.2025 14:42