High Court of Jammu & Kashmir and Ladakh · 2019

Through :- Mr. Raman Sharma, AAG. v/s Sanjay Kumar Through :- Mr. Karan Sharma, Advocate. .....Respondent(s) CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 15.03.2023

Heard Mr. Raman Sharma, learned Additional Advocate General for the appellants as also Mr. Karan Sharma, learned counsel for the respondent.

The present appeal has been filed against the orders dated 20.04.2022 and

25.05.2022 passed by the learned Single Judge in SWP No. 1791/2013. According to the learned counsel for the appellant, though at the relevant time, this writ petition was maintainable, after revocation of Article 370 of the Constitution and the promulgation of the Jammu and Kashmir Reorganization Act, 2019, which came into force with effect from 31st October 2019, all matters which were pending before the High Court stood transferred to Central Administrative Tribunal as provided under Section 29 of the Administrative Tribunal Act, 1985. Under these circumstances, this petition ought to have been transferred to the Tribunal rather than this Court taking up the matter and passing any interim order. 2

If this court did not had the jurisdiction as contended by learned counsel for the appellant, obviously no effective order could have been passed including any interim order.

Under these circumstances, we remit the matter to the learned Single Judge to decide the issue of maintainability and, until such decision is made, the impugned orders shall remain in abeyance.

With these observations, the present appeal is closed. (VINOD CHATTERJI KOUL) (N.KOTISWAR SINGH) JUDGE CHIEF JUSTICE JAMMU 15.03.2023 SUNITA/PS