Ali Mohd. Magrey JUDGMENT
Ali Mohd. Magrey, J.
CM No. 3393/2020:
1. This application is filed on behalf of the applicant/petitioner with a prayer that she may be allowed to file the accompanying Writ petition without enclosing therewith the requisite Stamp Paper, Court fee, etc.
2. For the reasons mentioned in the application, coupled with submissions made at the Bar, the instant application is allowed and the applicant/petitioner is permitted to file the accompanying Writ petition, being WP(C) No. 1170/2020; CM No. 3392/2020, without enclosing therewith the requisite Stamp Paper, Court fee, etc. It is, however, directed that the said deficiency shall be immediately made good by the applicant/petitioner, as and when the prevailing lockdown period, announced by the Government on account of outbreak of COVID-19 pandemic, comes to an end.
3. CM disposed of as above.
WP(C) No. 1170/2020; CM No. 3392/2020:
4. In an earlier round of litigation, the petitioner claims to have approached the Central Administrative Tribunal, Jammu Bench (hereinafter referred to as 'the Tribunal'), for the relief claimed herein this petition through the medium of OA No. 61/0200/2020. The Tribunal, by order dated 6th of July, 2019, observed that the J&K Forest Corporation has not been brought within the jurisdiction of the Tribunal by a notification to be issued by the Central Government under Section 14(2) of the Administrative Tribunals Act, 1985 and that so long as this notification is not issued, the Tribunal cannot assume jurisdiction in respect of any service matter pertaining to the employees of the Corporation under the Act. Accordingly, the Tribunal held that it is not vested with any jurisdiction to entertain any petition related to any service dispute in the respondent Corporation and, therefore, while dismissing the OA filed by the petitioner for want of jurisdiction, the Tribunal gave liberty to the petitioner to avail the appropriate remedy available to her under the law before the appropriate forum. In this backdrop, the petitioner has knocked at the portals of this Court through the medium of the instant petition.
5. In the petition, the petitioner is seeking a 'Writ of Mandamus' upon the respondents directing them to regularize/confirm/promote the petitioner to the post of Administrative Officer, on which post the petitioner was made incharge vide order No. 188 of 2018 dated 28th of May, 2018 read with corrigendum issued by the Corporation vide No. 194 of 2018 dated 29th of May, 2018 and to give the effect of such confirmation/regularization/promotion retrospectively, i.e., the date from which the petitioner assumed the said charge. The petitioner is also seeking a 'Writ of Certiorari' for quashing the order bearing No. 716-21/PS/MD/JKFC dated 2nd of June, 2020, to the extent it mentions the designation of the petitioner as Assistant Administrative Officer instead of Incharge Administrative Officer.
6. The case of the petitioner, put in a nutshell and as stated by her in her petition, is that she, on 18th of July, 1984, came to be appointed as a Junior Assistant/Typist in the respondent Corporation. Thereafter, the petitioner claims to have been promoted as Junior Stenographer; subsequently, as Senior Stenographer/PA; and, finally, as Private Secretary vide order dated 18th of August, 2010. It is stated that in terms of order dated 30th of September, 2010, issued by the Managing Director, the petitioner was re-designated as Assistant Administrative Officer (Central). It is pleaded that, thereafter, by order dated 1st of October, 2010, the petitioner was transferred and posted in the office of General Manager (Adm.), Headquarters at Jammu and, subsequently, posted in the office of General Manager, Jammu (West) Circle, Jammu. It is further submitted that on the retirement of one Mohammad Yousuf Dar, Administrative Officer, on 31st of May, 2018, the........