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| Petition challenging Central Administrative Tribunal’s jurisdiction | | HC issues notice to Union of India, others | |
Jammu, September, 17:- A writ petition challenging the application of Central Administrative Tribunal (CAT) in the J&K on various grounds including the special status to J&K State under Article 370, Justice Nisar Ahmed Kakru of J&K High Court Jammu Wing issued notice to Union of India and others for filling objections.
Petitioner Narinder Singh seeking indulgence of the state High Court to direct the respondents (union of India) but feeling aggrieved of the application of Administrative Tribunals Act 1985 (under the Central Govt Service CAT is the Authority for hearing the service writ petitions).
During the course of argument Advocate BS Salathia appearing for the petitioner submitted that the application of Administrative Tribunals Act seeks to erode the very essence and edifice of special status confirmed to the J&K State by the law of the land. It seems in explicable as to how the CAT Act 1985 applies to the state of J&K When the 42nd amendment, which had cleared that CAT Act did not apply to the state of J&K. in case any central amendment is to be applied to the state of J&K, there is self contained mechanism for it and without following this particular mechanism, no amendment could ipso facto apply to the state of J&K on account of special position enjoyed by the state of J&K. The petitioner prayed before the Court to declare that 42nd amendment to the Constitution of J&K is not applicable to the state. |
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