Jammu & Kashmir High Court - Srinagar Bench
Dr. Mudasir Ahmad Bhat And Others vs Prof. Shakeel Ahmad Romshoo And Others on 27 April, 2026
Author: Sanjay Dhar
Bench: Sanjay Dhar
Serial No. 120
Regular Cause List.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CCP(S) 215/2023 in[WP(C) 186/2023]
CM(3347/2023)
c/w
WP(C) 186/2023 CM(285/2023).
DR. MUDASIR AHMAD BHAT AND OTHERS.
...Petitioner (s)
Through: Ms Moonisa, Advocate.
VERSUS
PROF. SHAKEEL AHMAD ROMSHOO AND OTHERS.
Through:
...Respondent(s)
CORAM:
HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE.
ORDER
27-04-2026 WP (C ) No. 186/2023 In terms of Notification dated 2nd August, 2024, issued by Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), the service matter relating to Islamic University of Science and Technology is amenable to the jurisdiction of the Central Administrative Tribunal, Srinagar. Accordingly, the present petition is transferred to Central Administrative Tribunal Srinagar Bench.
Registry is directed to immediately transmit the record of the case to the Central Administrative Tribunal, Srinagar Bench, where the parties shall appear on 18.05.2026.
CCP (S) No. 215/2023.
Through the medium of instant petition the petitioner has complained about violation of interim order dated 01.02.2023 passed in WP(C) No.186/2023, whereby the impugned Advertisement Notice to the extent of inviting applications for the post of Assistant Professors in the subject of English and Management has been stayed. However, the respondents were permitted to proceed with the selection process for other subjects. The respondents were also directed to maintain the present status of the petitioners and release the legitimately earned wages in favour of the petitioners.
2. Statement of facts has been filed by the respondents, wherein it is stated that the engagement order of the petitioners were terminated on 31.12.2022 and no extension was sought, hence they have no locus to maintain the Writ petition against the respondent-University as their term was already over and they were not bound by any contract. Main Writ petition stands transferred to Central Administrative Tribunal in terms of above order passed in WP (C ) No. 186/2023.
3. A Co-ordinate Bench of this Court in case titled Abdul Qayoom Guroo vs. Ajeet Kumar Sahoo and Others, CCP(S) No.144/2020, decided on 29.09.2021, has, while considering the question as to whether Central Administrative Tribunal constituted under Section 4 of the Administrative Tribunal Act, 1985 ["the Act"] has power and authority under Section 17 of the Act to punish for contempt in relation to an interim order passed by the High Court in a writ petition, which was subsequently transferred to it under Section 29 of the Act, held that contempt proceedings in relation to orders passed by this Court in the petitions, which subsequently stand transferred to the Tribunal under Section 29 of the Act, shall lie only and only before the Tribunal under Section 17 of the Act.
4. In view of the aforesaid ratio laid down by this Court, the instant contempt petition is held to be not maintainable. The same is, accordingly, dismissed with liberty to the petitioners to approach the Central Administrative Tribunal by way of an application under Section 17 of the Act read with Contempt of Courts (CAT) Rules, 1992.
(Sanjay Dhar) Judge SRINAGAR 27-04-2026 Showkat Khan