Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Ss. 44 & 4---Writ petition---Maintainability---Civil service---Employee of subordinate judiciary---Up-gradation of post of staff of district judiciary---Allowance to the said staff---Equality before law---Scope---Contention of petitioners was that their posts had not been upgraded and allowances for the employees of subordinate judiciary in Pakistan and employees of all the departments of Azad Jammu and Kashmir were receiving privileges on the basis of parity with Pakistan---Validity---Service Tribunal could not give direction under S.4 of Service Tribunals Act, 1973---High Court was the proper forum for any direction if required to be issued---Government had upgraded the posts of employees of other departments but the employees of subordinate judiciary had not been given the same benefit---Rules for appointment for the employees of other departments and subordinate judiciary were also the same---Posts for the employees of district judiciary could not be upgraded due to different nomenclature which were equivalent to the posts of employees of other departments---Government had not denied the claim of the petitioners---Government was directed to upgrade the posts of petitioners in accordance with law---Job of petitioners and similarly placed other employees was same with their counterpart in the Punjab---Petitioners had been treated discriminatory and action of Government was also against the principle of equality before law---Staff of subordinate judiciary in the Azad Jammu and Kashmir was entitled to the enhancement of allowances as had been granted to the staff of subordinate judiciary in the Pakistan---Writ petition was accepted accordingly. Azad Government and 3 others v. Farhat Shaheen 2007 SCR 62; Finance Department of AJ&K and 2 others v. Mazhar Iqbal 2003 SCR 155 and Muhammad Yousaf v. Government of Punjab and others dated 13-10-2011 rel. (b) Azad Jammu and Kashmir Service Tribunals Act,1973--- ----S. 4---Appeal, filing of---Scope---Appeal could be filed against the final order of the departmental authority with regard to terms and conditions of service. Azad Government…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492