Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. VIII, R. 5---Allegation of fact---Specific denial in written statement---Scope---Allegation of fact if not denied specifically or by necessary implication in written statement, that fact shall be taken to be admitted by the other party. (b) Azad Jammu and Kashmir Civil Servants Act, 1976--- ----S. 6---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Writ petition---Promotion of civil servant after superannuation/retirement---Scope---Petitioner was serving in Health Department as Project Director in Grade BS-19; he was deputed as Director Health in Grade BS-20 on current charge basis---Petitioner being fully eligible for the regular promotion in BS-20, requested the department for promotion---Secretary, Health referred the promotion case of the petitioner to the Services Department but the same was not referred to the Selection Board; in the meanwhile, the petitioner on attaining the age of superannuation was retired from service---Petitioner's case was not referred for promotion in Grade BS-20 due to negligent and inefficient attitude of the department---Petitioner could not be deprived from his right of promotion merely due to his retirement---Civil servant during the period of service was eligible for confirmation in any service or against any post, retirement from service, would not deprive him of such confirmation---Petitioner was retired from service but he was eligible to be promoted in Grade B-20, when he took over the charge of Director Health Services---Petitioner was deprived of valuable right of promotion and all the benefits by the negligent and careless acts of the department---Department was directed to refer and recommend the case of the petitioner for promotion with all benefits, salary, etc. and to issue order of promotion of the petitioner---Writ petition was allowed. ORDER MUNIR AHMED CHAUDHARY, J.--- This writ petition was filed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, through which the following prayer has been solicited:--- "Therefore, it is humbly prayed that writ petition may kindly be accepted and respondents may please be directed…

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