Case Details

Citation(s)
2016 SLG 1802 2016 SLD 1802 2016 SCAJK 226
Supreme Court (AJ&K)
Civil Appeal No. 331 of 2015 (PLA filed on 24.08.2015), 17.06.2016
MOHAMMAD AZAM KHAN, C.J AND CH. MUHAMMAD IBRAHIM ZIA, J

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Muhammad Rafique, Naib Qasid, Directorate Colleges, Muzaffarabad

VS

Attiq-Ur-Rehman S/O Muhammad Nazir (Late), Naib Qasid, Directorate Colleges, Caste Gujjar R/O Kalas Seridara, Tehsil And District Muzaffarabad And Others

Law:

Section:

Keywords: Result: Ch. Muhammad Ibrahim Zia, J.- This appeal by leave of the Court has been filed against the judgment of the High Court dated 25.06.2015, whereby the writ petition filed by respondent No. 1, herein, has been accepted. 2. The summary of the facts is that the father of respondent No. 1 was serving as Naib Qasid in Directorate Colleges Muzaffarabad. After more than 22 years service he died in the earthquake of 8th October, 2005. The Government of Azad Jammu and Kashmir framed a policy to adjust children of deceased Government employees serving in grades B-1 to B-5 on 06.02.2006. On the basis of aforesaid policy respondent No. 1 applied against the vacant post of his father on 28.12.2005 followed by another application on 10.01.2006. The official respondents through order dated 14.02.2006 promoted the appellant, herein, as Naib Qasid. The post of Chowkidar which fell vacant due to promotion of the appellant, herein, was filled by appointment of respondent No. 6. Feeling aggrieved, respondent No. 1 challenged the legality of the order dated 14.06.2006 by filing writ petition before the High Court. The learned High Court after necessary proceedings, accepted the writ petition and declared the promotion order of the appellant, herein, as without lawful authority. The writ petition to the extent of private respondent No. 6 was dismissed and the official respondents were directed to advertise the disputed post. Dissatisfied, the appellant has filed the instant appeal by leave of the Court. 3. Mr. Abdul Hamid Khan Shahid, Advocate, the learned counsel for the appellant after narration of necessary facts submitted that according to the record and admitted facts the appellant is a permanent civil servant, whereas, respondent No. 1 claims that he is entitled to be appointed against the post which fell vacant due to death of his father. Although, the learned High Court set-aside the promotion order of the appellant for accommodation of respondent No. 1, but at the same time in case of operation of impugned judgment the appellant has to be reverted to his previous post occupied by respondent No. 6 whose appointment has been validated by the High Court. Thus,…
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