In the HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR in CM no. 6724/2021 in LPA no. 123/2021 CM no. 6725/2021 titled Sarfaraz Ahmad bhat V/s Union Territory of JK and others after hearing a bench of Hon’ble Mr Justice Ali Mohammad Magrey, Judge, Hon’ble Mr Justice Sanjay Dhar, Judge ORDERED as:-
CM no. 6724/2021 On the grounds taken in the CM coupled with the submissions made, the application is allowed and the requirement of placing on record the certified copy of the impugned order is dispensed with for the time being.
The same be placed on record as and when it is obtained. LPA no. 123/2021 CM no. 6725/2021
The issue raised in this Letters Patent Appeal, LPA, qua the challenge to the impugned judgment of the Writ Court dated 22.9.2021 passed in writ petition, WP (C) no. 1583/2021, has reference to the status of the appellants as the employees of the Municipal Committees regulated by the Jammu and Kashmir Urban Local Body Institutions (Management) Service Recruitment Rules, 2008, for short Act of 2008, which have been notified in terms of SRO no. 417 dated 18th December, 2008, issued in exercise of the J&K Municipal Act of 2000.
Prima facie we feel that the service disputes of the employees of the Municipalities is not amenable to CAT jurisdiction but are entertained in the form of writ petitions. Notice returnable within four weeks. Notice in CM also.
In the meanwhile, the order impugned to the extent of transferring the case to CAT is stayed.
Registry to tag the writ records with the instant appeal.
In order to ensure the early disposal of the appeal, the notice, on asking, is waived by Mr Rais-ud-din Ganai, GA.
List on 25th October, 2021.