MANZOOR AHMAD WANI Vs. UT OF JK
LAWS(J&K)-2020-12-95
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 31,2020

Manzoor Ahmad Wani Appellant
VERSUS
Ut Of Jk Respondents

JUDGEMENT

ALI MOHAMMAD MAGREY - (1.)CM No. 6953/2020
For the reasons mentioned in the application, coupled with submissions made at the Bar, the instant application is allowed and the applicant is permitted to file the instant petition without enclosing therewith the requisite Stamp duty, Court fee, attestation of documents, etc. It is, however, directed that the said deficiency shall be immediately made good by the applicant, as and when the prevailing lockdown period, announced by the Government, comes to an end.

Disposed of.

WP(C) No. 2156/2020, CM No. 6954/2020

1. By the present writ petition, the petitioner seeks direction upon the respondents to allow the petitioner to perform the duties of the post on which he has been appointed vide order No. 823/2020 dated 04.10.2020, and release the salary of the petitioner.

(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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