Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42(11)

Law: Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977

Section: 17

Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974)-- ----Art. 42(11)--Application for post of primary teacher--Issuance of conditional appointment orders--Writ petition against appointment orders--Dismissed--Filling of writ petition by respondent No. 1--Allowed--Appointment orders were set aside--Appointment without vacant post--Recommendations of selection committee--Violation of fundament rights--Discretionary relief--Extraordinary jurisdiction--At time of appointment, neither disputed post was vacant nor available for advertisement, rather at time of appointment of appellant, it was still held by one Muhammad Aslam Khan--There is no rebuttal on part of appellant and even before this Court on query; whether disputed post was available at time of appointment, counsel for appellant failed to satisfy Court--Post which is not available for advertisement and it has yet to be vacated on retirement of an employee, cannot be filled in before its vacation and advertisement--Prevailing circumstances of case, after retirement of Muhammad Aslam Khan, disputed post was to be .advertised and filled in according to manner prescribed by law and respondent should have been provided an opportunity to apply for appointment against said post, thus respondent being aggrieved has right approached High Court for discretionary relief--Appeal was dismissed. THIS JUDGMENT DELIVERED BY: RAJA SAEED AKRAM KHAN, J.- The titled appeal by leave of the Court has been directed against the judgment of the High Court dated 08.03.2018, whereby the writ petition filed by Respondent No. 1, herein, has been accepted and the appointment order of the appellant herein, dated 19.08.2015, has been set aside. 2. The facts forming the background of the captioned appeal are that the District Education Officer (Male), Muzaffarabad invited applications for appointment against the posts of Primary Teachers (B-7) for different Union Councils including Katkhair, Constituency No. 4, District Muzaffarabad, vide advertisement dated 25.06.2015. Amongst others, the appellant, herein, applied against one of the posts and participated in the test and interview. After conducting test and interview a merit…

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