Law:

Section:

(a) Civil service-------Appointment of civil servant --- Method. Except the method of appointment on merit determined through a transparent open competition, no other method, tactic, policy or practice can be approved. (b) Interpretation of statutes--- ----Notification or executive order---Effect---Spirit of validity enforced law, except by following legal method of amending such law, could not be defeated by any executive order or notification---Principles. (c) Azad Jammu and Kashmir Civil Servants Act, 1976--- ----S. 22---Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977---Azad Jammu and Kashmir (Relaxation of Age Limit) Rules, 1997---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Temporary employees of Community Infrastructure Service Program---Order of authority to fill posts of such employees on permanent basis by referring them to Public Service Commission on basis of "one post one candidate"---Dismissal of constitutional petition of such employees by High Court---Validity---Such employees had gained experience, thus, had equal right to compete in open transparent selection process and prove their merit---Such employees, if having been successful in proving their merit, could not be discriminated on basis of their temporary appointments---Period of ad-hoc continuous service rendered by such employees would be counted while computing their upper age limit---Supreme Court set aside the order and declared the impugned condition to be illegal and directed the Authority to fill such posts according to law. Azad Jammu and Kashmir Government and others v. Muhammad Younas Tahir and others 1994 CLC 2339; Mst. Tanveer Ashraf and 25 others v. AJ&K Government and 2 others 2011 SCR 528 and 1995 PLC (C.S.) 59 ref. Mst. Tanveer Ashraf and 25 others v. AJ&K Government and 2 others 2011 SCR 528 rel. Azad Government and others v. Ghulam Mustafa Abbasi and others Civil Appeal No.91 of 2009 distinguished. Sadaqat Hussain Raja, Advocate for Appellants. Ch. Shoukat Aziz, Addititional Advocate-General for Respondents Nos.1 and 3. Raja Muhammad Hanif, Advocate for Respondents Nos.1 to 4, 6 and 7. Raza Ali…

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