S. No.3 Regular List ,,,HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP(S) No. 614/2021 in[SWP 49/2019] CM No.(1388/2022) GHULAM QADIR DAR & ORS …..Petitioner(s) Through: Mr.L.A.Latief, Advocate. V/s STATE of JAMMU & KASHMIR AND ORS … ..Respondent(s) Through : None. CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 06 05.2025 1. The petitioners happen to be the retired employees of Power Development Department of Government of Jammu and Kashmir. They have raised the service dispute in the present writ petition. 2. Although presently Kashmir Power Development Corporation Ltd. has been established and some of the employees of the Power Development Department stand deputed to the Corporation, yet the fact of the matter remains that the petitioners were employees of Power Development Department and not of Kashmir Power Development SWP No.49/2019, CCP(S) No.614 of 2021 2 | P a g e Corporation Ltd. and, admittedly, Power Development Department is still in existence. Therefore, the dispute involved in the present writ petition is amenable to the jurisdiction of the Central Administrative Tribunal (CAT). 3. Accordingly, the writ petition is transferred to Central Administrative Tribunal Srinagar Bench for its disposal under law. 4. 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 28.05.2025. CCP(S) No.614/2021: 1. Through the medium of instant petition the petitioners have complained about violation of interim order dated 14.01.2019 passed in SWP No.49/2019, whereby the respondents were directed to pay service benefits as were paid in similarly situated cases in the light of judgments referred in the petition. 2. Main writ petition stands transferred to Central Administrative Tribunal in terms of above order passed in SWP No.49/2019. 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 SWP No.49/2019, CCP(S) No.614 of 2021 3 | P a g e 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. 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 06.05.2025 Sarveeda Nissar Sarveeda Nissar I attest to the accuracy and authenticity of this document every page at bottom left side 07.05.2025 16:50