- (1.)PETITIONERS are employees of the Central Government working in Directorate of census operations J&K at Srinagar/Jammu. They have filed this writ petition with prayer for promotion as Assistant Directors from retrospective date(s) with further prayer for consequential benefits. Counter affidavit is filed by the official respondents.
(2.)MR . Bhan submits that this case concerns service dispute of the employees of Ministry of Home Affairs posted in J&K State, which dispute falls within the jurisdiction of the Central Administrative Tribunal (CAT).
(3.)THIS writ petition on the file of this court is prayed to be transferred to the Central Administrative Tribunal.
Learned counsel for the petitioners contests the position and submits that the jurisdiction of this court is not ousted once the petitioners have elected to file writ petition and pursue same before this High Court. The case cannot be transferred to CAT. The reliance is placed on Kuldip Khuda case (1994 JKLR 25). The controversy raised in this case is squarely covered by the authoritative pronouncement of Supreme Court in Kenydriya Vidyalaya Sangathan Vs. Subhas Sharma with another appeal (2002 AIR SCW 1105). The Supreme Court after taking note of the judgment of this court in Kuldip Khudaâ„¢s case (supra) has observed: - "In view of the above legal provision, we hold that the Act applied to all categories of Central Government servants and others posted to work in the State of Jammu and Kashmir as well. We are, therefore, of the opinion that the contention of Mr. B.D. Sharma, learned counsel for the respondent has no force. We may add here that the Full Bench of the High Court in Kuldip Khudaâ„¢s case (supra) has also taken the view that the Act extends to the whole of India which includes the State of Jammu and Kashmir."