MOHAMMAD GULAB LONE Vs. UT OF JK
LAWS(J&K)-2020-10-57
HIGH COURT OF JAMMU AND KASHMIR
Decided on October 01,2020

Mohammad Gulab Lone Appellant
VERSUS
Ut Of Jk Respondents

JUDGEMENT

ALI MOHAMMAD MAGREY - (1.)By the present writ petition, the petitioner seeks direction upon the respondents to stop the deduction of rupees one thousand from the salary of petitioner with further direction to set-aside the order No. DSEK/OSD/MW/7961-63 dated 06.09.2003.
(2.)At the very outset Mr B. A. Dar, learned Sr. AAG, raised an objection about the maintainability of the writ petition before this Court in view of the fact that pursuant to the abrogation of Article 370 of the Constitution of India, and formation of the Union Territory of Jammu and Kashmir and Ladakh in terms of the provisions of the Jammu and Kashmir Reorganization Act, 2019, all service matters of the Government Employee(s) in the said Union Territories, upon issuance of the Notification dated 29th April, 2020, issued by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), are required to be heard and considered only by the Central Administrative Tribunal, Chandigarh, 'hereinafter for short as CAT' within whose jurisdiction the matter now falls.
(3.)Confronted with the said position, the learned counsel for the petitioner submits that changed scenario does not take away the jurisdiction of this court as the same is protected in terms of the mandate of the judgments rendered by the Constitutional Bench of the Hon'ble Supreme Court in case titled L. Chandra Kumar v. Union of India and others reported as (1997) 3 SCC p. 261 and in case titled Kendriya Vidyalaya Sangathan and another v. Subhash Sharma etc. reported as AIR SCW 2002 (2) p. 1105.
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