RIYAZ AHMAD PATLOO Vs. UNIVERSITY OF KASHMIR
HIGH COURT OF JAMMU AND KASHMIR
Riyaz Ahmad Patloo
UNIVERSITY OF KASHMIR
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ALI MOHAMMAD MAGREY -
(1.)By medium of the instant application, the applicant/petitioner is seeking recalling of order passed by the Court on 5 th of August, 2020 in SWP No. 619/2018, in terms whereof, the writ petition stands transferred to the Central Administrative Tribunal, presently holding its sitting at Jammu.
(2.)Mr Z.A. Shah, learned senior counsel appearing on behalf of the petitioner submits that the subject matter of the writ petition is the service dispute against the University of Kashmir, which University for the purpose of adjudication of service matter is not declared by any notification of the Government of India for holding jurisdiction with Central Administrative Tribunal Bench Jammu, therefore, this Court has the jurisdiction to consider the writ petition and without assistance, the matter was transferred to Central Administrative Bench, Jammu.
(3.)On examination of records coupled with the reasons supplied by Mr Z.A. Shah, learned senior counsel and on noticing that the writ petition has been transferred to the Central Administrative Tribunal without hearing the learned counsel for the parties, the Court is of the considered view that the order passed on 5th of August, 20202, needs to be recalled as the subject is not covered by Section 14 of the Central Administrative Tribunals Act, 1985 (CAT Act) and the jurisdiction to hear this writ petition lies with this Court, as no notification is issued by the Central Government under Section 5(7) of the CAT Act.
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