Law:

Section:

AJ&K Interim Constitution Act, 1974 (VIII of 1974)-- ----S. 44--Writ of prohibition--Wedlock Claim--Spouses to be posted at same station--Petitioner and her husband are government servants, it is claimed that government by violating a beneficial notification, intends to transfer petitioner outside municipal limits--Validity--Petitioner performs her duties as Assistant Professor, husband of petitioner admittedly perform duties within municipal limit of District--According to government notification, husband and wife are entitled to be posted at one station--Government policy & notifications fall within definition of law, which postulate that spouses shall be posted at one station, or female civil servants shall be transferred nearest to residence of their husbands, even if they are not government servants, hence petitioner is entitled to equitable relief jointly and severally are restrained to transfer petitioner from the post of Assistant Professor--Petition was allowed. THIS JUDGMENT DELIVERED BY: M. TABASSUM AFTAB ALVI, JUSTICE---.--- The captioned writ petition has been addressed under Section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, whereby, a writ in the nature of prohibition is solicited against respondents jointly and severally posting petitioner from the post of Assistant Professor B-18, Fatima Jinnah Post Graduate College for Women, Muzaffarabad. 2. The precise facts culminating into filing of the instant writ petition are that petitioner was appointed on recommendation of Public Service Commission as Lecturer English B-17, in Girls Degree College Chakswari, vide Govt. notification dated 20.04.2004. Thereafter, petitioner was appointed by transfer from Girls College Chakswari, against the post of Lecturer English B-17, in Fatima Jinnah Post Graduate College for Women, Muzaffarabad, vide Govt. notification dated 09.11.2005. The petitioner while performing her duties as Lecturer English B-17, was promoted on recommendation of respective Selection Board as Assistant Professor B-18, vide Govt. notification dated 14.03.2014. The claim of petitioner is that her husband namely Raja Muhammad Aftab, is a Government Employee, who…

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