Jammu & Kashmir High Court - Srinagar Bench
Riyaz Ahmad Hajam vs Union Territory Of Jk And Others on 6 April, 2021
Author: Ali Mohammad Magrey
Bench: Ali Mohammad Magrey
S. No. 139
Supplementary
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
WP (C) no. 677/2021
CM no. 2012/2021
Riyaz Ahmad Hajam
.... Petitioner(s)
Through: Mr L. A. Latief, Advocate
V/s
Union Territory of JK and others
... Respondent(s)
Through: Mr B. A. Dar, Sr. AAG
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge
ORDER
06.04.2021 By the present writ petition the petitioner challenges the selection made for the post of Fireman/ Fireman Driver in J&K Fire and Emergency Services. Since the subject is directly related to a post borne on the service cadre of a department which is amenable to the jurisdiction of Central Administrative Department, CAT. This court has consistently held that except for certain class of services the service matters shall be adjudicated upon by the CAT only. The submission of the learned counsel that the instant matter pertains to selection, therefore, does not qualify to be a service matter as such, is noted to be rejected only as the selection in question is against a post that is borne on the service of J&K Fire & Emergency Services which falls within the jurisdiction of CAT, therefore, the distinction attempted to be made by the learned counsel does not have such appeal in it to convince the court to consider the matter. The court has extensively dealt with the issue raised by the learned counsel for the petitioner in case titled Fehmeeda Akhter v. UT of J&K and others decided on 20th May, 2020 and all the related aspects are considered and answered also.
It being so, the writ petition is transferred to the CAT Bench Jammu for further proceedings. The matter shall be taken up for consideration by the CAT on 15th April, 2021.
Registry shall send this file to the Registrar CAT Bench Jammu for further course, retaining a soft copy thereof for record purposes.
(Ali Mohammad Magrey) AMJAD AHMAD LONE Judge Srinagar 2021.04.09 15:42 I attest to the accuracy and 06.04.2021 integrity of this document Amjad Lone PS