WASEEM QURESHI Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Through the medium of instant petition, the petitioner has sought certain reliefs which are reproduced as under:

(2.) Without going into the details, the case of the petitioner, who is presently working as Registrar Academics, Government Medical College, Srinagar, is that a proposal for re-designation of the posts of Medical Superintendents (Medical Education Department) as Medical Superintendents Grade-I/Professor submitted by respondent No.1, that has been cleared by Finance Department on 09.02.20217, is awaiting approval by the competent authority. It is the further case of the petitioner that once these posts are created/re-designated, the petitioner, being eligible to be promoted/appointed to the said posts, would retire at the age of 62 years in terms of SRO 266 of 2014 dtd. 30/8/2014. Accordingly, the petitioner has sought a direction upon respondent No.1 to issue an executive order for re-designation of posts of Medical Superintendents (Medical Education Department) as Medical Superintendent Grade-I/Professor. A further direction has been sought by the petitioner that notification No.GS-MC/ Retirement/RA/2021/2599-2604 dtd. 20/12/2021, whereby 30/6/2022, has been notified as the date of his superannuation, be no acted upon.

(3.) The respondents have raised a preliminary objection with regard to maintainability of the writ petition on the ground that the subject matter of the writ petition comes within the definition of "service matters" as defined in Sec. 3(q) of the Administrative Tribunals Act, 1985 (hereinafter referred to as "the Act of 1985"), as such, the High Court has no jurisdiction to entertain the writ petition.