JAGDEV SINGH, AGE +62 YEARS S/O LATE SH. LACHMAN SINGH R/O HOUSE NO. 45 Vs. UNION OF INDIA THROUGH ITS SECRETARY TO GOVT. OF INDIA, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (DEPARTMENT OF PERSONNEL AND TRAINING), NEW DELHI

JUDGEMENT

(1.) This writ petition is filed for expunging the words except the State of Jammu & Kashmir from Clause (b) of Sub Sec. (2) of Sec. 1 of the Administrative Tribunals Act, 1985, which, according to the petitioner, is offending Art. 14 of the Constitution of India to the persons residing in the State of Jammu and Kashmir, who are appointed to the public services and posts connected with the affairs of the State and for adjudication of their dispute which will ultimately reduce the burden of the High Court.

(2.) The State of Jammu and Kashmir is enjoying special status which is conferred under Art. 370 of the Constitution of India and bearing the said issue in mind, the Parliament while enacting the Administrative Tribunal Act, 1985 in exercise of powers vested under Art. 323 A of the Constitution of India in Sec. 1(2)(b) has provided that the Act empowering to create the Administrative Tribunal for States is applicable, except the State of Jammu and Kashmir. The said special status conferred under Art. 370 of the Constitution of India to the State of Jammu and Kashmir is not in dispute. In such circumstances, the wisdom of the Parliament in excluding the constitution of State Administrative Tribunal in the State of Jammu and Kashmir under the Administrative Tribunal's Act, 1985 cannot be declared as illegal as contended by the petitioner in this writ petition.

(3.) The Central Government staff serving in the State of Jammu and Kashmir is entitled to approach the Central Administrative Tribunal in terms of Sec. 1(2)(a) of the Act as held by Honourable the Supreme Court in the decision reported in (2002) 4 SCC 145 (Kendriya Vidyalaya Sangathan and another Vs. Subhas Sharma) .