Case Details

Citation(s)
2016 SLG 1916 2016 SLD 1916 2016 SCAJK
Supreme Court (AJ&K)
Civil Appeal No. 307 of 2015, 4.5.2016
MUHAMMAD AZAM KHAN, C.J AND RAJA SAEED AKRAM KHAN, J

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Vice Chancellor, The University Of Azad Jammu & Kashmir, Muzaffarabad And 2 Others

VS

Professor Dr. Mirza Shahid Baig, Meritorious University Professor, Bps-21, University Of Azad Jammu & Kashmir, Muzaffarabad And Another

Law:

Section:

Keywords: Result: Appeal Dismissed Judgment: Raja Saeed Akram Khan, J.- The supra titled appeal by leave of the Court has been directed against the judgment passed by the High Court on 13.5.2015, whereby the writ petition filed by respondent No. 1, herein, has been accepted. 2. The brief facts of the case are that respondent No. 1, herein, filed a writ petition in the High Court alleging therein that he was promoted as Meritorious Professor, BPS-21 on the recommendations of the Selection Board, vide notification dated 18.9.2004. He claimed that apart from him two other Professors; Dr. Yousaf Ali and Professor Dr. Ghulam Ghous were serving as Meritorious University Professors, BPS-21. In the year 2007, in the light of the policy issued by the Government of Pakistan, all the teaching posts were upgraded by one step in the University of Azad Jammu and Kashmir and, likewise, the posts of Professors, BPS-20 were upgraded in BPS-21, vide notification dated 24.9.2007. He claimed that as respondent No. 1, herein, and the other two professors mentioned hereinabove had already been serving as Meritorious Professors in BPS-21, therefore, they were entitled to be promoted and upgraded in BPS-22 in compliance of the aforementioned policy. The Selection Board of the University of Azad Jammu and Kashmir in its meeting held on 1.1.2009, keeping in view the policy of one step up-gradation recommended for up-gradation of the posts of all meritorious professors from BPS-21 to BPS-22. The recommendations of the Selection Board were approved by the Syndicate on 3.1.2009. The Chancellor of Azad Jammu and Kashmir University, vide order dated 18.6.2011, approved the recommendations of the Syndicate for grant of grade, BPS-22 to the Meritorious University Professors. It has further been alleged that in spite of all the above mentioned approvals and recommendations, the formal notification regarding the up-gradation in grade, BPS-22 has not been issued. Professor Dr. Yousaf Ali Chaudhary and Professor Dr. Ghulam Ghous filed a writ petition in the High Court on 29.9.2011. The learned High Court on 8.11.2013 while accepting the writ petition issued the direction to the respondents,…
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