Law:

Section:

(a) Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977--- ----Rr. 3, 4 & 6---Azad Jammu and Kashmir Service Tribunals Act (XXII of 1975), S.4---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Ss.44 & 47---Civil service---Reversion and dismissal from service---Writ petition before High Court---Maintainability---Three appeals filed by the employee against order of his reversion were pending before Service Tribunal when he was dismissed from service---Employee, later on withdrew said appeals and filed writ petition to challenge all orders, including the order of his dismissal from service---When cause of action arose to the employee in respect of his reversion order, his appeals before the Service Tribunal were maintainable; and it was only the Service Tribunal which had jurisdiction to decide, whether the reversion orders were validly passed or not---Dismissal of the employee from the service, did not have the effect of taking away the jurisdiction from the Service Tribunal to decide appeals---Employee, in circumstances, had wrongly withdrew the appeals from the Service Tribunal---According to S.47 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, High Court had no jurisdiction to entertain a dispute over which the Service Tribunal had the exclusive jurisdiction---High Court was to first determine the question of its jurisdiction before passing the impugned ---Writ petition filed by the employee in respect of his reversion order before High Court was not maintainable. Sardar Muhammad Ayub Khan v. Secretary S&GAD and 4 others 2000 YLR 2868; Chairman M.D.A. Mirpur and 4 others v. Muhammad Ajmal Qureshi and another 2001 PLC (C.S.) 127; Alam Din v. Mayor, Municipal Corporation, Mirpur and 4 others 2000 YLR 189; Muhammad Ajaib v. Public Service Commission and 3 others 1997 PLC (C.S.) 222; Aisha Hameed Qadri v. Nomination Board and 6 others 1997 CLC 1713; Muhammad Arshad Khan v. Chairman MDA and 6 others 1997 MLD 3066; Muhammad Siddique Farooqi v. Azad Jammu and Kashmir Government through Chief Secretary, Muzaffarabad and 3 others PLD 1994 SC (AJ&K) 13; Qurban Hussain v. Mst. Bashir Begum and 6 others PLD 1987 SC…

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