UTs of J&K & Ladakh to have permanent Bench of CAT: Union of India to HC

DB directs UT to identify premises

20/05/2020

JAMMU, May 19: The PIL for constitution of permanent bench of Central Administrative Tribunal in J&K was heard today by the DB of the High Court consisting of Justice Rajesh Bindal & Justice Justice Sanjay Dhar.
During the Courtse of hearing, Vishal Sharma ASGI submitted a 5 point note of the UOI/Central Govt. and informed the Court that the Central Govt has decided to establish a permanent Bench of CAT for UT of of J&K and UT of Ladakh and has already requested the UT Govt. Of J&K to provide appropriate premises for functioning of the Bench as well as the residences of Members and staff of the Bench.
The Five points are that Chief Justice of the Jammu and Kashmir High Court has written a letter on 8th May, 2020 (Friday), to the Minister of State (P), Dr. Jitender Singh on the subject of establishing a bench of the Central Administrative Tribunal exclusively for the Union Territory of Jammu and Kashmir. "The aforesaid letter has been received in the office of the Minister on 16th May, 2020 (Saturday).
MOS DOPT Jatinder Singh said that the issues raised by the Chief Justice will receive the highest priority as the Government fully appreciates her concern for the fundamental right of access to justice to the litigants and legitimate expectation of efficacious remedies for dispute redressal and the Government will take positive steps in this regard for establishment of a permanent bench for UT of J&K and UT of Ladakh. The UT Government of J&K has been requested to provide appropriate premises for functioning of the Bench as well as the residences of Members and staff of the Bench. As soon as the appropriate premises are made available, the process of setting of a Bench of CAT will be initiated and completed in course of time."
During the course of hearing ASGI submitted that pending establishment of the office of permanent Bench, immediate steps are being taken to provide for registration of cases and receipt of files from the High Court.
Division Bench comprising Justice Rajesh Bindal and Justice Sanjay Dhar after hearing ASGI Vishal Sharma for the Union of India and Advocate General D C Raina and Addl AG Aseem Sawhney appeared for the UT Govt and Adv Gagan Basotra appeared for petitioner and Mr Abhinav Sharma also appeared in the matter.
The Div. Bench directed directed the UT Govt. to identify the premises for the Bench and residences of the Members and staff of CAT which shall be inspected by a representative of the CAT. The Court also directed the ASGI to seek instructions from the Govt whether the Bench will have simultaneous permanent sittings at Jammu & Srinagar or will sit there alternatively.
The note of the Union Govt also mentions that the Chief Justice of J&K High Court has written a letter to the MoS (P) Dr. Jatinder Singh for establishing a Bench of CAT exclusively for the UT of J&K and the issues raised by the Chief Justice will receive the highest priority as the Govt fully appreciates her concern for the fundamental right to access to justice and legitimate expectation of efficacious remedy for dispute redressal.
It was also informed during the hearing that the MoS PMO Dr. Jatinder Singh ensured with his personal intervention that a permenent bench of CAT is established in UT of J&K and UT of Ladakh. The UT Govt was represented by Advocate General D.C.Raina with Aseem Sawhney Addl Advocate General.
During the course of hearing Advocate General DC Raina suggested one complex for using as court by CAT at Jammu. It is the building where earlier Accountability Commission was functional. He submitted that some other suitable vacant government building can also be short listed. He further apprised the court that one building was short listed at Srinagar also but the same having been declared as heritage building another one is being located. The needful shall be done in a couple of days. As far as residential accommodation for the members of CAT is concerned, he submitted that there are number of Government houses lying vacant at Jammu as well as Srinagar, allotment shall be made befitting the status of the members of CAT. He further suggested that some officer from CAT may inspect the premises regarding their suitability so that further steps could be taken.
Adv Gagan Basotra, counsel for the petitioner submitted that accommodation in the building suggested by the Advocate General may not be sufficient especially the parking and the court rooms. He submitted that there may be other government buildings available.
During the course of hearing Abhinav Sharma, President of the Bar Association, who was assisting the court submitted that considering that on an average 25-30 cases are filed daily before both the benches of the High Court pertaining to service matters, one bench in the UT of Jammu and Kashmir may not be sufficient. There should be at least be one bench each at Jammu and Srinagar, to start with.
DB observed that none of the counsels was averse to the suggestion made by the Advocate General about inspection of the proposed buildings by the officer of CAT and adjourned the matter for May 29, 2020 and in the meanwhile Division Bench directed ASGI to seek instructions from the competent authority about the suggestion made by Mr. Abhinav Sharma, about one bench each at Jammu and Srinagar to start with. He will also coordinate with Mr Aseem Sawhney, AAG for inspection of the buildings for the benches at Jammu and Srinagar and also the residential accommodation, to be provided to the members of the CAT, the Court directed.
This significant order has been passed in a Public Interest Litigation filed by a practicing Advocate Aditya Sharma in the High Court challenging the notification dated 29.04.2020 issued by the Ministry of Personnel, Public Grienavnes and Pension whereby jurisdiction has been conferred on the CAT Chandigarh Bench pertaining to all service matters relating to Govt employees of UT of J&K.
Relying upon the statement of the MOS-Ministry of Personnel, public grievances and Pension to the Lok Sabha wherein it was stated that there are 50053 cases pending before all the 17 Benches of the CAT as on 31.12.2018, it is further averted in the petition that out of 65 vacancies in the CAT only 37 are filed up and 28 are still lying vacant.Moreover, the Chandigarh Bench has 3 vacancies with only one member in place with the pendency of around 1100 cases.Similarly, it is stated that in the petition that there are 40 thousand service matters pending in the high court of J&K to which the Chandigarh CAT Benchis I'll equipped to handle these 40 thousand cases due to lack of infrastructure and vacancies.The Petitioner has accordingly on the principle of proportionality and reasonableness has submitted that the transfer of huge cases would want denial of meaningful justice to the service litigants of the UT of J&K,besides it is impossible for the litigants to approach CAT Bench Chandigarh on account of Financial, physical, logistical and practical constraints.Moreover ,it is stated that due to the absence of internet facility in the UT it is not possible for the litigants and advocates to go for e-filing and video conferencing of service writ petitions to the Chandigarh CAT Bench.The Peition states that no meaningful exercise has been carried out by the Union of India before issuing the notification as the same is again subject to the petitions pending before the Apex Court wherein inter alia, J&K reorganization act 2019 has been challenged.The outcome of the said petitions would have a vital bearing on the notification and as suchhas lead to the uncertainty, confusion and frustration among the service litigants and legal fraternity of the UT.
The Peititoners accordingly prays that in the Public interest that the service litigants including 4.5 lacs employees are provided to justice by establishing a permanent CAT Bench at Jammu as well as in Srinagar in the UT, so that the access to justice is not defeated by the said notification.
The Petitioner has also sought staying the impugned notification tillage regular bench is constituted along with the requisite staff and infrastructure in the UT of J&K so that the pending Petitions are not rendered infructous and fundamental rights of the service litigants are well protected.

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