Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------S. 44---Writ petition---Civil service---Promotion---Vested right---Amendment in rules of promotion---Petitioners had alleged that proposed amendment in departmental statutory rules would adversely affect the right of his promotion---Validity---No one could claim a vested right in promotion or in the terms and conditions for the promotion to a higher post---Government had power to amend, enhance or alter the qualification and standards for recruitment and promotion in order to maintain efficiency in service---Writ petition was dismissed. (b) Azad Jammu and Kashmir Interim Constitution (VIII of 1974)--- ----S. 44---Azad Jammu and Kashmir Civil Servants Act (VI of 1976), S.23(1)---Writ petition---Civil service---Rule making powers of government---Scope---Government or any person authorized in that behalf may make such rules as appear to him to be necessary or expedient for carrying out the purpose of Azad Jammu and Kashmir Civil Servants Act, 1976---Civil servant could not claim promotion to a particular post with assertion that the rules be framed in such a manner so that he may be promoted---Rules could not be made on sweet will of a civil servant which was a sole prerogative of government. (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Ss. 44 & 47---Azad Jammu and Kashmir Civil Servants Act (VI of 1976), S.23(1)---Azad Jammu and Kashmir Rules of Business, 1985, R.16(2)---Writ petition---Maintainability---Rule making powers of government---Procedure and scope---Rules amended in violation of constitutional provisions---Jurisdiction of Service Tribunal---Government is competent to make rules---Rules are always initiated by the department concerned and then submitted to a committee constituted by the government, known as departmental rules committee---All legislations and amendments are also to be routed and made in consultation with the Law, Justice, Human Rights and Parliamentary Affairs Department of the government and then after the approval of the committee, the rules submitted to the government through Services and General Administration Department for…

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