Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Ss. 44 & 4---Writ petition---Civil service---Police constable---Change of cadre from constable to junior clerk and rechange to constable---Allegation of discrimination---Contention of Authority was that neither there was any provision of individual recruitment nor cadre of police force could be changed to ministerial staff---Validity---Department had not specifically denied the contents of writ petition---Evasive denial would amount to admission---Version of department was approbation and reprobation---Petitioner had been waiting for fulfillment of obligation by the department---Other constables junior to the petitioner were adjusted as junior clerk by the department---Petitioner had filed the present petition vigilantly without any delay---Petitioner was competent for absorption as junior clerk---Submission of department with regard to Police Rules was contrary to practice and rules referred by them---Petitioner was an aggrieved person who had been deprived of his fundamental right of "equality before law" and "protection from discrimination"---Department was directed to adjust the petitioner as junior clerk in the Police Department along with all the consequential service benefits forthwith---Writ petition was accepted in circumstances. (b) Civil Procedure Code (V of 1908)--- ----O. VIII, R.4---Evasive denial amounts to admission. ORDER SARDAR ABDUL HAMEED KHAN, J.--- This writ petition has been filed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974. The precise facts giving rise to the instant petition are that the petitioner was appointed in Azad Kashmir Police Reserves as Constable vide order dated 9-10-1990 and due to additional qualification, he was attached to Central Police Office as Constable/Typist vide order dated 22-11-1997. It is stated that during attachment the respondent No.1 changed the cadre of the petitioner from Constable to Junior Clerk and posted in Crimes Branch of Police vide its order dated 5-11-1999. It is also stated that the respondent No.2 to accommodate his favouritee, re-changed the cadre of petitioner from Junior Clerk to…

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