Petition raising a service dispute of the employee cannot be entertain in High Court: HC

In a petition filed by Imtiyaz Ahmad Bhat & Ors challenging the validity of advertisement notice bearing No. 02 of 2020 dated 6th of July, 2020, for short impugned advertisement, issued by the Respondent -Service Selection Board, whereby, online applications have been called from the eligible candidates for participating in the selection for against posts of Accounts Assistant (District Cadre) in the Rural Developments & Panchayati Raj under the provisions of Jammu & Kashmir’s SO 127 of 2020 dated 20th of April, 2020.

Justice Ali Mohammad Magrey after hearing both the sides, disposed of the petition with the observations that While the Act makes it clear that it is the Tribunal, the forum of first instance to consider and decide the services matters of employees of Central Government and the Union Territories, it also provides for exemption of few where the Act will not apply.

Court further observed that from the above discussion what emerges is that, this Court, cannot entertain a petition raising a service dispute of the employee in the service of the Government of India or the Government of Union Territory of Jammu and Kashmir and Ladakh. The court, in view of above, holds that this Court has no jurisdiction to entertain the petition and the same be, instead, presented before the CAT Bench, Jammu that has the jurisdiction. JNF