MUBEENA BANDAY Vs. STATE OF J&K

JUDGEMENT

(1.) This matter was transferred to Central Administrative Tribunal, Jammu Bench vide order dtd. 1/9/2020, however, the Central Administrative Tribunal, Srinagar Bench, Srinagar vide order dtd. 1/12/2021 has returned the same with the observation that the Tribunal does not have jurisdiction in respect of the employees of Cooperative Societies.

(2.) Learned counsel for the parties jointly stated that the petitioner is seeking promotion from the State, therefore, jurisdiction to adjudicate the issue lies with the Central Administrative Tribunal and the Tribunal has wrongly returned the matter.

(3.) It is averred in the petition that the petitioner has been appointed as Junior Assistant on Adhoc basis vide order dtd. 22/8/1988 and was subsequently, regularized. It is further averred in the petition that the respondents vide circular dtd. 31/12/2013 issued a seniority list whereby the respondent No. 5, namely, Assadullah Malik has been shown at serial No. 11 and the respondent No. 6, namely, Jalal-ud-din has been shown at serial No. 32 and the petitioner has been shown at serial No. 26. Aggrieved of the said seniority list the petitioner has filed the present writ petition.