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High CourtsDivision Bench(2020) 07 J&K CK 0007

Archana Raina vs Union Territory Of J&K And Others

Jammu And Kashmir High Court · Decided on 29 July 2020

HON’BLE JUDGES
Ali Mohammad Magrey, J · Vinod Chatterji Koul, J
RESULT
Disposed Off
CASE NUMBER
Writ Petition (C) No. 1188 Of 2020, Civil Miscellaneous No. 3476, 3477 Of 2020
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Judgment

6 paragraphs · 369 words

Ali Mohammad Magrey, J

This petition is directed against the order dated 22nd of June, 2020, passed by the Central Administrative Tribunal, Jammu Bench (hereinafter referred to as "the Tribunal") in OA No.61/00046/2020, whereby the Tribunal has declined to pass the interim relief in favour of the petitioner.

At the outset, we are not going into the merits of the case of the petitioner/ grounds projected in the Writ petition qua challenge to the aforesaid order passed by the Tribunal solely because mere declining of interim relief by the Tribunal does not give any right to the petitioner to approach this Court with a Writ petition. The Tribunal is seized of the matter and the rights of the parties are to be determined there on the basis of the pleadings on record as well as after hearing the counsel for the parties.

Apprised of and faced with the above situation, the learned counsel for the petitioner submits that the petitioner shall feel satisfied in the event the instant petition is disposed of with a direction to the respondent-Government to consider his claim as espoused in the representation stated to be pending before the respondent-Government within a reasonable timeframe.

In view of the aforesaid statement made by the learned counsel for the petitioner, this petition is disposed of with a direction to the concerned authority in the respondent-Government to consider the claim of the petitioner as detailed out in the representation, stated to have been filed and pending before the respondent-Government, within a period of two weeks from today. The petitioner shall also be at liberty to file a fresh representation before the concerned authority in the respondent-Government with regard to his claim within one week from today and, in the event any such representation is filed, same shall be considered and decided by the respondent-Government within two weeks thereafter, of course, in accordance with the law and the rules governing the field. It is, however, made clear that this Court has not expressed any opinion with regard to the merits of the case and that same shall be decided by the Tribunal after hearing the counsel for the parties.

Writ petition disposed of as above, alongwith the connected CM(s).