Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Writ petition before High Court, competency of---Civil service---Promotion---Promotion was one of the terms and conditions of service of civil servants; and proper remedy available to the civil servants was before the Service Tribunal---Service Tribunal, however had no jurisdiction to issue any sort of direction to any authority to perform an act strictly in accordance with law; and if direction was sought, the proper remedy was to invoke the writ jurisdiction of the High Court---Contention that writ petition was not competent, was misconceived, especially when same was not hit by the principle of laches. Syed Riaz-ul-Hassan v. Azad Government and 4 others 2012 PLC (C.S.) 1426 rel. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Azad Jammu and Kashmir High Court (Procedure) Rules, 1984---Writ petition before High Court---Duty of High Court---Issues raised before High Court, were required to be attended properly and dilated upon comprehensively, but High Court failed to discharge its duty; and instead of deciding the real controversy through a speaking order, dismissed the writ petition in limine---Such practice was violation of the Azad Jammu and Kashmir High Court (Procedure) Rules, 1984, which had not been followed in letter and spirit---High Court was to look into the matter of the case and decide all the issues involved in the writ petition. (c) Azad Jammu and Kashmir Civil Servants Act (VI of 1976)--- ----Ss. 4 & 8---General Clauses Act (X of 1897), S.6---Azad Jammu and Kashmir Electricity Department Service Rules, 1993---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Appointment---Promotion---Appellant, who was inducted into the service in the year 2002 as Sub-Engineer in leave arrangement, later on was appointed on regular basis after test and interview on the recommendations of the concerned Selection Committee in year 2006---After acquiring the degree of B. Tech (Honours) name of appellant was included in the seniority list and was placed at serial No.10 of the seniority list---At the time when the seniority list…

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