Raudra Raag In Darbari Strain

Shifting away from Srinagar, power goes right out of J&K

- Naseer Ganai

THE Centre’s move to shift all service matters from the Jammu and Kashmir High Court to the Chandigarh bench of the Central Administrative Tribunal (CAT) drew little reaction from Kashmiris, who saw it as fait accompli, but evoked anger and disbelief in Jammu. The move, notified on April 29 by the Union ministry of personnel, public grievances and pensions, was a result of the Administrative Tribunal Act, 1985, becoming applicable to the two Union territories—J&K and Ladakh—that were created from the united J&K state following the abrogation of Article 370 last August. With it, over 37,000 cases pending before the J&K High Court were shifted to Chandigarh, infuriating Jammu-based lawyers and employees’ associations. The lawyers say the move will render them jobless and also inflict a huge toll on around 6 lakh employees, both retired and working, as all service matters like promotion, transfer and suspension will now be heard in Chandigarh.

“Jitendra Singh (MoS, PMO) had told me there will be a permanent CAT bench in Jammu and no lawyer would have to go to Chandigarh to fight cases,” says Jammu High Court Bar Association president Abhinav Sharma, who is with the BJP. Another senior lawyer, Sunil Sethi, says the government should withhold the decision of transferring files to CAT until its benches are established in Jammu and Srinagar.

On May 1, the government said service matters of government employees in the Union territories of J&K and Ladakh will be heard by the J&K bench of CAT. But the lawyers describe it as hogwash. “We need four benches in Jammu and three in Srinagar, not a circuit bench of CAT in Jammu,” says Sheikh Shakeel, a senior advocate and member of the Jammu bar association.