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| CAT notification conferring jurisdiction on Chandigarh bench challenged | | | EARLY TIMES REPORT
JAMMU, May 6: A public Interest Litigation by practicing lawyer Adv Aditya Sharma has been filed in the High Court through Adv Gagan Basotra challenging the notification dated 29.04.2020 issued by the Ministry of Personnel, Public Grievances s and Pension whereby jurisdiction has been conferred on the CAT Chandigarh Bench pertaining to all service matters relating to Government 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 Bench is ill 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 Petition 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 such has led to the uncertainty, confusion and frustration among the service litigants and legal fraternity of the UT.
The Petitioners 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 infructuous and fundamental rights of the service litigants are well protected. --(JNF) |
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