Transferring of all service matters

27/11/2019

As per the provisions of the Jammu and Kashmir Reorganization Act, the Administrative Tribunal Act has become applicable to the newly created Union Territories with effect from October 31, 2019. As a sequel to the applicability of the Administrative Tribunal Act, 1985 to the Union Territory of Jammu and Kashmir and Union Territory of Ladakh, the common High Court has initiated an exercise to transfer all the service matters of the employees of erstwhile State presently pending in the Jammu and Srinagar Wings to the Central Administrative Tribunal (CAT). Before enactment of Reorganization Act, 2019, the Central Administrative Tribunal’s Chandigarh Bench was only hearing the service matters of the Central Government employees posted in the erstwhile State of Jammu and Kashmir and the services matters of the employees of the J&K Government were being adjudicated in the High Court’s Jammu and Srinagar Wings. Following creation of Union Territory of Jammu and Kashmir and Union Territory of Ladakh, the service matters of J&K and Ladakh employees are required to be transferred to the Central Administrative Tribunal.
The exercise will be completed as expeditiously as possible so that Central Administrative Tribunal starts disposal of service matters whose number is around 50000 in both the wings of the High Court and Central Administrative Tribunal is a substitute to the High Court to deal with the service matters of employees of Union of India and Union Territories. This development will serve twin purposes. First, High Court will be relieved of the burden of these service matters and get adequate time to attend other cases which are also pending for disposal since long. Secondly, litigants would get an exclusive platform for redressal of their service matters in a time bound manner. It will be better if individual bench of CAT is established at Jammu, Srinagar and Ladakh and If the Union Government decides to put the UTs under the Chandigarh bench the litigations will be subjected to undue harassment as it would not be possible for every employee to visit Chandigarh for pursuing case.

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