Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44,42

Law: Azad Jammu and Kashmir High Court Procedure Rules, 1984

Section: 42

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Ss. 44 & 42---Azad Jammu and Kashmir High Court Procedure Rules, 1984, R.42---Civil service---Writ petition before High Court---Laches---Maintainability---Principles of acquiescence and estoppel---Applicability---Enforcement of contract obligation---Scope---Admission of writ petition for regular hearing---Prerequisites---Respondent while on deputation in TEVTA applied and was approved for the post of Deputy Director---Grievance of respondent was that instead of appointing him against a permanent post, he was offered a project post---Respondent joined the said post and on completion of tenure when the notification of his repatriation was issued, he challenged the said notification before the High Court which was admitted for regular hearing---Validity---Respondent accepted the tenure of the post for three years' period and on completion of his term, when his repatriation process to the parent department was initiated he had come forward to disturb the whole process---Respondent's writ petition was hit by the principle of laches and acquiescence according to the material brought on record by the petitioner and the writ petition in that state of affairs had to be rejected as being devoid of any substance for admission for regular hearing---Respondent/petitioner was duty bound to make out prima facie case and if he failed, the writ petition could be rejected at preliminary stage---Provisions of Civil Procedure Code, 1908 were applicable to the writ proceedings---Appeal was accepted in circumstances. Azad Jammu and Kashmir Board of Intermediate and Secondary Education, Mirpur v. Engineer Muhammad Khalid PLD 2004 SC (AJ&K) 30 ref. Kh. Manzoor Qadir v. Azad Government and 5 others 2010 SCR 215; Ehsan-ur-Rehman and 10 others v. Arshad Ali Khan and 5 others 2012 PLC (C.S.) 795; Abdul Qadir v. Abdul Karim and 4 others 1999 PLC (C.S.) 947; Tahir Mehmood Khan and 13 others v. Azad Government and 3 others 2008 CLC 1662; Kh. Noorul Ameen v. Sardar Muhammad Abdul Qayyum Khan and another 1993 SCR 27 and Syed Manzoor Hussain Gilani v. Sain Mullah, Advocate and 2 others PLD 1993 SC (AJ&K) 12…

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