Law:

Section:

Azad Jammu and Kashmir Civil Servants Act (VI of 1976)--- ----S. 9---Azad Jammu and Kashmir Service Tribunals Act, 1976, S.4---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.47(3)---Azad Jammu and Kashmir Rules of Business, 1985---Transfer---Petitioner who was serving at place 'B', was transferred to place 'M' and respondent was transferred in his place---Respondent feeling aggrieved filed appeal before the Service Tribunal, which was accepted and transfer order was set aside on the ground that it was against the provisions of Azad Jammu and Kashmir Rules of Business, 1985, and petitioner had filed petition for leave to appeal to Supreme Court against order of the Service Tribunal---Department concerned was divided into two Divisions/Zones, one for 'north' division and the other for 'south' division; each division had its own official who could exercise jurisdiction within his respective territorial jurisdiction and could pass transfer orders---If any employee was to be transferred from one zone to the other zone, such order was to be passed by the Government as same was not in the control of said official---Place 'B' where the petitioner was serving and was transferred to place 'M' was within territorial jurisdiction of official of 'north' and place 'M' was within the jurisdiction of 'south'---Transfer order, in the present case was passed by official of south Zone whereby respondent was transferred to the area which was in the jurisdiction of official of north zone---Such order being violative of Azad Jammu and Kashmir, Rules of Business, 1985, Service Tribunal, in circumstances, had correctly resolved the proposition---No substantial question of public importance being involved in the case, petition for leave to appeal, was dismissed by the Supreme Court, in circumstances. ORDER MUHAMMED AZAM KHAN, C.J.--- The captioned petition for leave to appeal as well as the application for stay order, arise out of an order passed by the Service Tribunal on 20-10-2011, whereby Service Appeal No.193 of 2011 has been accepted and the order dated 24-2-2011 has been declared to have been passed against the Rules of Business, 1985, and was set aside. 2.…

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