STATE OF J&K Vs. SPECIAL TRIBUNAL, J&K

JUDGEMENT

(1.) LEARNED counsel for the parties agree that this petition be disposed of at this stage without formally admitting the same.

(2.) THE following two main questions to be determined arise in this petition.

(3.) THE facts of the present case are that respondents No. 3 and 4 are employees of the petitioner - State and serving in the Ranbir Government Press. Respondent No. 4 was put in charge of computing section and given charge allowance vide order of the General Manager dated 9.7.1990. Respondent No. 3 filed an appeal against the said order before the J & K Special Tribunal ( hereinafter referred to as the Tribunal ) as according to him, the order impugned in the appeal amounted to punishment to him besides his supersessionâ„¢s. He claimed that he was the only person qualified to be promoted as bill computer. After hearing the parties, a member of the tribunal allowed the appeal and directed that the matter of promotion or grant of charge allowance or any other additional remunerations be considered by the respondents in the light of the observations made in the order of the tribunal dared 2 8.1991. Respondent No. 3 thereafter filed a review petition before the tribunal in which a direction was issued that till further orders, the post claimed by the said respondent shall not be filled. The orders of the tribunal have been challenged in this petition being without jurisdiction and contrary to the provisions of the J&K Special Tribunals Act, 1988 (hereinafter referred to as the Act ).