Waseem Shokat Butt v. U T of J and K Th Secretary to Govt Law Justice and Parliamentary Affairs Srinagar

ORDER

19.05.2023

¶1The writ petition in hand has been filed by the petitioner seeking direction to the Central Administrative Tribunal, Jammu to decide the O.A. No. 754/2021 along with T.A. No. 966/2020 within a time bound period.

¶2It is contended in the writ petition that the petitioner by virtue of TA No. 966/2020 titled "Waseem Shokat Butt vs. UT of J&K & Ors." before the Tribunal sought quashing of SRO 967 dated 30.10.2019, for quashing Govt. Order. No. 3497-LD (Estt) of 2019 dated 26.10.2019 in so far as it relates to the petitioner, for quashing of Govt. Order No. 3496-LD (Estt) of 2019 dated

26.10.2019 in so far as it relates to the private respondents and for quashing of Govt. Order No. 3460-LD (Estt) of 2019 dated 23.10.2019. It is averred that during the pendency of the above T.A. the respondent issued seniority list dated

26.02.2021 and also promotion order of junior of petitioner to the post of Additional Secretary to Government dated 23.03.2021, thus, the petitioner assailed the aforesaid orders before the Tribunal by filing OA No. 754/2021. Sr. No. 22 2 WP(C) No. 1279/2023

¶3It is submitted that the learned Tribunal vide order dated 27.01.2022 fixed the O.A. for final arguments on 04.02.2022 and subsequently, on

17.05.2022 the learned Tribunal heard all the parties and listed the matter for orders on 19.05.2022. On 21.12.2022 the learned Tribunal heard in length the parties and the matter was listed as part heard for further arguments on

28.11.2022. On 28.11.2022 the direction was issued to the list the case on

30.11.2022. Subsequently, the matter was again listed on 06.12.2022, however, on request of learned counsel for the private respondents the matter was adjourned for 14.12.2022 and the parties were directed to file their respective written arguments, which stand already filed. On 19.04.2023 the matter was directed to be listed on 10.05.2023 and now the matter is listed on 05.07.2023.

¶4It is submitted that the parties have already argued in length and the matter has been heard in part. Even, as directed by the learned Tribunal the written arguments have also been filed, therefore, the pleadings in the matter are complete, but the Tribunal instead of finally considering the matter is unnecessarily adjourning.

¶5Having heard learned counsel for the parties and on going through the averments of this writ petition, the same is disposed of with request to the learned Tribunal to consider and finally decide the matter on its merits, preferably, on the next date of hearing. It is, however, made clear that this Court has not expressed any opinion on the merits of the matter.

(Puneet Gupta) Judge

(Tashi Rabstan) Judge Jammu:

19.05.2023 Pawan Angotra

Whether the order is speaking : Yes/No Whether the order is reportable: Yes/No

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1279/2023 CM No. 3031/2023 Waseem Shoket Butt ….Petitioner(s)/Appellant(s) Through :- Mr. M.A. Butt, Advocate V/s Union Territory of J&K ….Respondent(s) Through :- Ms. Monika Kohli, Sr. AAG Coram: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE