Law:

Section:

(a) Azad Jammu and Kashmir Service Tribunal (Procedure) Rules, 1976--- ----R. 7(e)---Qanun-e-Shahadat (10 of 1984), Art.87(2)(3)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42(12)---Seniority---Photocopy of a document---Admissibility in evidence---Scope---Petitioner was aggrieved of the seniority assigned to her juniors---Petitioner filed the appeal before the Service Tribunal without certified/true copy of the seniority list---Seniority list issued by the Government appended with the Memorandum of appeal in the Service Tribunal was attested by the Advocate General, but not by the officer concerned who had the custody of the original document---Effect---Rule 7(e) of the Azad Jammu and Kashmir Service Tribunal (Procedure) Rules, 1976 showed that memorandum of appeal shall be accompanied by a copy of order---Photostat copy of a document was not admissible unless the officer having the custody of original document certified the same to be true copy---In the presence of clear statutory provisions no other interpretation was permissible---Under Art.87 of the Qanun-e-Shahadat, 1984, every public officer having the custody of a public document shall give a person on demand on payment of the legal fee, together with a certificate written at the foot of such copy that it was true copy of such document or part thereof and such certificate shall be dated and subscribed by such officer with his name and official title and shall be sealed---Seniority list issued by the Government appended with the appeal in the Service Tribunal and attested by the Advocate General was not a "certified true copy" under Art.87(2) and did not fulfil the requirement of R.7(e) of the Azad Jammu and Kashmir Service Tribunal (Procedure) Rules, 1976---Copy appended with the memorandum of appeal was not a certified true copy of original seniority list, whereas, it was only a photocopy which was not admissible in evidence---Appeal filed in the Service Tribunal without appending the certified copy of the order was not competent, therefore, it was liable to be dismissed on this sole ground---Appeal filed in the Service Tribunal in violation of R.7(e) of the Azad Jammu and…

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