Even cases pending with HC to be transferred shortly
*Union Govt carries out amendment in Notification of 1985
Mohinder Verma
JAMMU, Apr 30: Now, service matters of lakhs of employees of the Union Territory of Jammu and Kashmir and Union Territory of Ladakh will be resolved by the Chandigarh Bench of the Central Administrative Tribunal (CAT). Moreover, thousands of cases which are presently pending in the Srinagar and Jammu wings of the High Court will be transferred to the Tribunal for disposal.
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A notification in this regard has been issued by the Department of Personnel and Training of the Union Ministry of Personnel, Public Grievances and Pensions in exercise of the powers conferred by Sub-Section 1 of Section 18 of the Administrative Tribunals Act, 1985.
In the notification, it has been mentioned that Chandigarh Bench of the Central Administrative Tribunal will have jurisdiction over Union Territory of Jammu and Kashmir and Union Territory of Ladakh.
It is pertinent to mention here that as per the provisions of the Jammu and Kashmir Reorganization Act, which was passed by the Parliament in the first week of August last year, the Administrative Tribunals Act has become applicable to the newly created Union Territories of Jammu and Kashmir and Ladakh with effect from October 30, 2019.
Before enactment of Reorganization Act, 2019, the Central Administrative Tribunal’s Chandigarh Bench was only hearing the service matters of the Central Government employees posted in the erstwhile State of Jammu and Kashmir and the services matters of the employees of the J&K Government were being adjudicated in the High Court’s Jammu and Srinagar wings.
However, following creation of Union Territory of Jammu and Kashmir and Union Territory of Ladakh, formal notification was required to be issued by the Union Government to re-define the jurisdiction of the Chandigarh Bench which has now been done thereby clearing the decks for disposal of service matters of lakhs of employees of both the UTs by the Tribunal.
“The Central Administrative Tribunal’s Chandigarh Bench will not only resolve the fresh service matters but even those which are presently pending in Jammu and Srinagar wings of the High Court and will be transferred to it for disposal”, official sources said.
A clarity in this regard is already existing in Section 29 of the Administrative Tribunals Act, 1985, which deals with transfer of pending cases. This Section states: “Every suit or other proceeding pending before any court or other authority immediately before the date of establishment of a Tribunal shall stand transferred on that date to such Tribunal”.
As exclusively reported by the EXCELSIOR in its edition dated November 26, 2019, the common High Court of J&K and Ladakh Union Territories has already prepared the details of the service matters which are pending in its both wings and are covered under Sections 28 and 29 of the Administrative Tribunals Act, 1985.
“All the proceedings before the Tribunal shall be deemed to be judicial proceedings within the meanings of Sections 193, 219 and 228 of the Indian Penal Code”, read Section 3 of the Administrative Tribunals Act.
As per Section 22 of the Act, Tribunal is not bound by the procedure laid down in the Code of Civil Procedure but is guided by the principles of natural justice and subject to the other provisions of this Act and of any Rules made by the Central Government, the Tribunal has the power to regulate its own procedure including the fixing of places and times of its inquiry.
However, some officers, who are in litigation with the Governments of J&K and Ladakh Union Territories, have expressed serious concern over the development and said that it would not be possible for every employee to visit Chandigarh to resolve service matters.
Even legal experts opined that individual bench of CAT should have been established at Jammu, Srinagar and Ladakh so as to avoid the harassment which the employees will face due to the latest development.
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