Law:

Section:

(a) Azad Jammu and Kashmir Service Tribunal Act (XXII of 1975)-------S. 4(1)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.47(3)---Civil service---Upgradation of post---Representation of civil servant was dismissed by the competent authority being time-barred---Service Tribunal without determining the question of limitation had accepted appeal and department was directed to promote the civil servant---Validity---Service Tribunal was bound to first of all determine the question as to whether representation had been rightly dismissed being time-barred or not---Service Tribunal had not pondered upon said important basic vital legal proposition raised before it---Copy of representation was available on record according to which same was filed after the lapse of three year's period---Representation on the face of it was time-barred, thus while rejecting the same, the competent authority had not acted in violation of law---Order of the Service Tribunal was set aside. (b) Azad Jammu and Kashmir Service Tribunal Act ( XXII of 1975)--- ----S. 4(1)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.47(3)---Civil service---Representation of civil servant before competent authority was time-barred---Effect---Appeal of civil servant before the Service Tribunal was also time-barred---Findings of Service Tribunal on the question of limitation totally against the settled principles of law could not be sustainable. Shabir Ahmed v. AJK Government and another 1997 PLC (C.S.) 478 rel. (c) Azad Jammu and Kashmir Up-gradation of Posts Rules, 1984--- ----Sched.---Civil service---Upgradation---Claim on the basis of principle of parity with other departments only---Effect---Services of a civil servant were regulated by law---For each and every post, rules were enforced which clearly mentioned the grade of post, channel of promotion, criteria of upgradation of the post, promotion of incumbent and without any statutory provision, neither any civil servant could be granted higher grade in random manner nor could be any post upgraded. (d) Civil service--- ----Upgradation of post---Allegation of discrimination---Civil servant claimed parity with the…

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