Srinagar: Immediate steps are being taken to constitute a bench of Central Administrative Tribunal (CAT) in Jammu and Kashmir, the Government of India (GoI) informed High Court.
Assistant Solicitor General of India (ASGI), Vishal Sharma, informed the court that the GoI is taking immediate steps to constitute a bench of CAT in J&K while further submitting that it has been decided that a bench will be stationed here in the region.
“But for this purpose proper infrastructure will be required, such as court-rooms and the residential accommodation for the members of the bench,” he submitted.
ASGI told THE court that the number of members of the bench will be decided by the Chairman of CAT considering the requirement as per the cases filed and transferred from the High Court.
He submitted that, the moment appropriate accommodation is provided to CAT, required staff would be deputed to take charge of files of the pending cases from the High Court.
The President of Jammu High Court Bar Association, Abhinav Sharma, who was assisting the court, submitted that considering that on an average 25-30 cases are filed daily before both the benches of the High Court pertaining to service matters, one bench in J&K may not be sufficient.
“There should be at least one bench each at Jammu and Srinagar to start with,” he submitted.
The division bench of justices Rajesh Bindal and Sanjay Dhar after hearing the counsels directed ASGI, Vishal Sharma to seek instructions from the competent authority about the suggestion made by President Bar Association.
Meanwhile, Advocate General (AG), D C Raina, suggested one complex for using court by CAT at Jammu.
Raina submitted that some other suitable vacant government buildings can also be shortlisted.
He further apprised the court that one building was shortlisted at Srinagar also but the same was declared as heritage building and another one is being located.
“The needful would be done in a couple of days,” he submitted.
The Notification issued by the GoI last month has the effect of transferring all service disputes pertaining to the employees of J&K which are pending before the High Court or yet to be filed from the date of notification to CAT, Chandigarh.
The petitioner advocates had argued that it will be impossible for litigants/advocates in J&K to make a representation before the bench in Chandigarh due to geographic remoteness, financial constraints and unavailability of internet access.
“The large parts of J&K are remote, inaccessible and even have no access to fast speed internet facilities due to the peculiar security threats as has been repeatedly admitted by the respondents.
The question of e-filling of cases and arguing cases by video conferencing by litigants and their advocates residing in those areas is a mere impossibility,” they submitted in the petition
They further submitted that the unemployed youth would be severely handicapped physically and financially to challenge selection matters before the CAT Chandigarh.
The petitioners pointed out that over 1,100 cases are already pending before the CAT Chandigarh and simultaneously around 40,000 service matters are pending before the High Court of J&K are likely to be transferred to it.
The litigants had sought constitution of a permanent bench or benches (Circuit Benches) of Central Administrative Tribunal in Jammu and Kashmir at Jammu and Srinagar
Regarding residential accommodation for the members of CAT, he submitted that there are a number of government houses lying vacant at Jammu as well as Srinagar, allotment would be made befitting the status of the members of CAT.
He further suggested that some officers from CAT may inspect the premises regarding their suitability so that further steps could be taken.
The bench after taking note of the suggestion made by AG directed ASGI to coordinate with AAG Aseem Sawhney, for inspection of the buildings for the benches at Jammu and Srinagar and also the residential accommodation, to be provided to the members of the CAT.
The court adjourned the hearing on the matter till May 29.
Earlier, the litigation was filed by lawyers, Aditya Sharma and Rameshwar Padha challenging the government notification whereby Chandigarh Bench of CAT was conferred with the jurisdiction to adjudicate service matters relating to employees of government of J&K.

NUSRAT SIDIQ