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DB directives in PIL regarding establishing of Administrative Tribunal 11/17/2015 11:17:17 PM Early Times Report Jammu, Nov 17: In a petition filed by Jagdev Singh seeking for expunging the words "except the State of Jammu & Kashmir" from Clause (b) of Sub Section (2) of Section 1 of the Administrative Tribunals Act, 1985, which, according to the petitioner, is offending Article 14 of the Constitution of India to the persons residing in the State of Jammu and Kashmir, who are appointed to the public services and posts connected with the affairs of the State and for adjudication of their dispute which will ultimately reduce the burden of the High Court. A Division Bench of State High Court Comprising Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat after hearing petitioner in person whereas Advocate General Jahangir Iqbal Ganai with Adv AH Bhat appearing for the state, held that State of Jammu and Kashmir is enjoying special status which is conferred under Article 370 of the Constitution of India and bearing the said issue in mind, the Parliament while enacting the Administrative Tribunal Act, 1985 in exercise of powers vested under Article 323 A of the Constitution of India in Section 1(2)(b) has provided that the Act empowering to create the Administrative Tribunal for States is applicable, except the State of Jammu and Kashmir. The said special status conferred under Article 370 of the Constitution of India to the State of Jammu and Kashmir is not in dispute. In such circumstances, the wisdom of the Parliament in excluding the constitution of State Administrative Tribunal in the State of Jammu and Kashmir under the Administrative Tribunal's Act, 1985 cannot be declared as illegal as contended by the petitioner. Division Bench further observed that the Central Government staff serving in the State of Jammu and Kashmir is entitled to approach the Central Administrative Tribunal in terms of Section 1(2)(a) of the Act as held by the Supreme Court. Division Bench further observed that the contention of the petitioner that all other States have constituted the State Administrative Tribunals is also not correct as in some of the States the State Administrative Tribunals have not been constituted to resolve the dispute of the State Government employees. Thus, the contention raised by the petitioner that the State Government employees of Jammu and Kashmir are discriminated has no basis.   Share This News with Your Friends on Social Network     Comment on this Story

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