Case Details

Citation(s)
2018 SLG 1668 2018 SLD 1668 2018 PLC 809
High Court (AJ&K)
Writ Petition No. 2814 of 2016, decided on 13-04-2018.
AZHAR SALEEM BABAR, JUSTICE
Haider Rasheed Mughal for Petitioner. Raja Amjad Ali Khan for
Respondents.

SANAM YAQOOB

VS

AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR THROUGH ITS CHIEF SECRETARY AND 2 OTHERS

Law:

Section:

Neelum Valley Development Board Act (IV of 1999)--- ----S. 10--- Neelum Valley Development Board---Petitioner was appointed as Research and Planning Officer (BPS-17) on the direction of Prime Minister subject to approval of Neelum Valley Development Board---Contention of petitioner was that Neelum Valley Development Board had not issued formal regular appointment order---Validity---Neelum Valley Development Board was the only competent authority to appoint officers, servants, experts and consultants for performance of its functions---Appointment of petitioner was not made in accordance with provision of S. 10 of Neelum Valley Development Board Act, 1999 rather the same was made by the Chairman of the said Board upon the direction of Prime Minister subject to approval of the Board---Neelum Valley Development Board had not approved the said appointment---Unlawful order of Prime Minister could not be directed to be enforced through discretionary relief of writ jurisdiction---Appointment of petitioner was made without advertisement of post, merit and recommendation of selection authority---Statutory rules were also not framed by the Neelum Valley Development Board for the post in question---Writ petition was dismissed in circumstances. Fuad Asadullah Khan v. Federation of Pakistan through Secretary Establishment and others 2009 SCMR 412; Muhammad Shoaib and 2 others v. Government of N.W.F.P. through the Collector, D.I. Khan and others 2005 SCMR 85; Sardar Asif Mehmood Raza v. Abdul Khamid and 7 others 2004 SCR 298; Ijaz Mustafa Samtio, Advocate v. Government of Sindh and others 2002 PLC (C.S.) 117 and Administrator, District Council, Larkana and another v. Ghulab Khan and 5 others 2001 SCMR 1320 ref. Major Muhammad Aftab Ahmed (Retired.) v. Azad Jammu and Kashmir Government 1992 SCR 307; Zareena Kausar v. Divisional Director Schools and 3 others 2014 SCR 878; Ignees Maria and another v. District Coordination Officer, District Bahawalnagar and 2 others 2012 PLC (C.S.) 772; Azad Jammu and Kashmir Government and others v. Muhammad Younas Tahir and others 1994 CLC 2339; Mst. Tanveer Ashraf and 25 others v. AJ&K Government and 2 others 2012 PLC (C.S.) 524; Muhammad…
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