| Citation(s) |
|---|
| 2018 SLG 1000 2018 SLD 1000 2018 PLC 482 |
Supreme Court (AJ&K)
(On appeal from the judgment of the Service Tribunal Dated 15.07.2015 in Service Appeal No. 153 of 2014) Civil Appeals Nos. 49 and 329 of 2016, decision Dated: 4-05-2017, hearing Date : 22-02-2017. (On appeal from the judgment of the Service Tribunal Date
RAJA SAEED AKRAM KHAN, JUSTICE
Asghar Ali Malik, Advocate for Appellants (in Civil Appeal No. 49 of 2016). Syed Asim Masood Gillani, Advocate for
Respondent (in Civil Appeals Nos.49 and 329 of 2016). Raja Amjad Ali Khan, Advocate for Proforma
Respondents (in Civil Appeal No. 49 of 20
(On appeal from the judgment of the Service Tribunal Dated 15.07.2015 in Service Appeal No. 153 of 2014) Civil Appeals Nos. 49 and 329 of 2016, decision Dated: 4-05-2017, hearing Date : 22-02-2017. (On appeal from the judgment of the Service Tribunal Date
RAJA SAEED AKRAM KHAN, JUSTICE
Asghar Ali Malik, Advocate for Appellants (in Civil Appeal No. 49 of 2016). Syed Asim Masood Gillani, Advocate for
Respondent (in Civil Appeals Nos.49 and 329 of 2016). Raja Amjad Ali Khan, Advocate for Proforma
Respondents (in Civil Appeal No. 49 of 20
Civil Appeal No. 49 of 2016 AZAD JAMMU AND KASHMIR GOVERNMENT THROUGH CHIEF SECRETARY, MUZAFFARABAD AND 2 OTHERS
VS
SYEDA SABEEN NAZ GILLANI AND 7 OTHERS Civil Appeal No. 329 of 2016 RAJA MUHAMMAD ARIF KHAN AND 2 OTHERS VS SYEDA SABEEN NAZ GILL
Law:
Section:
(a) Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977-- ----R. 8---Section Officer appointed in compliance with direction of High Court---Seniority---Determination of---Procedure---Batch fellows of civil servant were appointed as Section Officers on 11-02-2011 on the recommendations of Public Service Commission whereas appointment of appellant/employee was made on 29-04-2013 in compliance with direction of High Court---Employee filed appeal for determination of her seniority---Service Tribunal accepted appeal with the observation that seniority of employee would be reckoned along with the group appointed in pursuance of recommendations made by the Public Service Commission at the relevant time---Validity---Appointment order of the batch fellows of employee was issued on 11-02-2011---Employee filed writ petition and High Court accepted the same while issuing direction to the Public Service Commission to recommend the employee---Government appointed the employee on the said recommendation of Public Service Commission thereafter---Employee was illegally deprived of her vested right; right of appointment had accrued to the employee along with her batch fellows---Appointment of employee would be deemed to be made on the date when the group along whom she qualified the test/interview was appointed---Seniority should be determined on the basis of date of continuous/actual appointment, however where a civil servant had been deprived of his/her vested right then his matter of seniority should be considered retrospectively to redress his/her grievance and to protect his/her accrued right---Service Tribunal had not committed any illegality while passing the impugned ---Appeal was dismissed in circumstances. Syed Subtain Hussain Kazmi v. Syed Mumtaz Hussain Kazmi 2013 SCR 889 distinguished. (b) Azad Jammu and Kashmir Service Tribunal Act (XXII of 1975)--- ----S. 4---Azad Jammu and Kashmir Service Tribunal (Procedure) Rules, 1976, Rr.7 & 10---Appeal, filing of---Requirements-Registrar Service Tribunal was bound to scrutinize the appeal when same was presented---If appeal was drawn-up in accordance with R.7 of Azad Jammu and…
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