| Citation(s) |
|---|
| 2013 SLG 1883 2013 SLD 1883 2013 PLC 966 |
High Court (AJ&K)
Writ Petition No.267 of 2013, decision dated: 26-04-2013
M. TABASSUM AFTAB ALVI, J
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Writ Petition No.267 of 2013, decision dated: 26-04-2013
M. TABASSUM AFTAB ALVI, J
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ZULFIQAR AHMED and 3 others
VS
AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Chief Secretary and 10 others
Law:
Section:
(a) Administration of justice--- ----He who seeks equity must come to the court with clean hands. Iqtedar Hyder v. Bank of Punjab through its Chairman and another 2001 MLD 1537 and Amanullah Khan and others v. Lahore Development Authority and others 2004 YLR 1038 rel. (b) Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977--- ----R. 13(1) & (3)---Azad Jammu and Kashmir Interim Constitution Act (VII of 1974), S.44---Writ petition---Maintainability---Discretionary relief---Claim of regular promotion on the basis of appointment on officiating basis---Validity---Incumbents were promoted on officiating basis as a stop-gap arrangement, therefore, direction in the nature of mandamus to promote the petitioners on regular basis could not be issued under law---Writ petition was dismissed. (c) Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977--- ----R. 13 (1) & (3)---Azad Jammu and Kashmir Interim Constitution Act (VII of 1974), S.44---Writ petition---Appointment by promotion on officiating basis---Criteria---Right of regular promotion---Officiating appointment could only be made if the post fell vacant as a result of deputation, leave or appointment on acting charge basis of the regular incumbent or is reserved under the rules to be filled by transfer---Officiating promotion would not confer any right of promotion on regular basis and the same was liable to be terminated as soon as a person becomes available for promotion on regular basis---Statutory law did not confer any right for regular promotion on the basis of officiating promotion---Officiating appointees were not entitled for regular promotion. Muhammad Arshad Khan Tehsildar District Bagh and others v. Azad Government of the State of Jammu and Kashmir through its Chief Secretary Muzaffarabad and others 2004 PLC (C.S.) 247 rel. (d) Azad Jammu and Kashmir Civil Servants Act (VI of 1976)--- ----S. 12---Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977, R.13(1) & (3)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Writ petition---Reversion of civil servant…
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