Law:

Section: 44

Pleadings-- ----Principle--A party cannot be allowed to argue its case vis-a-vis to pleadings. 1993 SCR 9, ref. AJ&K Interim Constitution Act, 1974 (VIII of 1974)-- ----S. 44--Service as Secretary--Promoted as Senior Member Board of Revenue--Promotion was recalled retrospectively--Dismissal from service--Issuance of notification--Validity--Petitioner while holding the post of Secretary to Government BPS-20, was proceeded against as per the Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977 and after thorough probe of allegations was found that he had committed misconduct, hence, was reverted gradewise to BPS-20 to BPS-16 as Information Officer and then was dismissed from service through Govt. notification dated 09.05.1998--Petitioner has deliberately concealed the of the Apex Court dated 09.10.2012, and by suppressing fact succeeded to obtain a void order of his reinstatement and promotion in BPS-21 since 02.12.1997, as well as retirement after attaining age of superannuation w.e.f. 27.09.2009, who has not invoked jurisdiction of this Court with clean hands, therefore, is not entitled to equitable relief of writ jurisdiction--Petition was dismissed. Pleadings-- ----Principle--A party cannot be allowed to argue its case vis-à-vis to pleadings. JUDGMENT M. Tabassum Aftab Alvi, CHIEF JUSTICE--The supra titled writ petition has been addressed under Section 44 of the Azad Jammu Kashmir Interim Constitution Act, 1974, whereby, following relief is made:-- "In the circumstances enumerated above, it is humbly prayed that by accepting this constitutional petition, high Prerogative writs of mandamus, prohibition and others deemed expedient in the interest of justice, may kindly be issued directing respondents to finally settle the long standing issue of petitioner's service, by implementing and giving effect to the final orders of the competent authority/ Prime Minister dated 26.10.2014, Bearing No. P.M Secretariat 5821 dated 27.10.2014, and issue retrospective promotion order of petitioner, besides his reinstatement in service and superannuating retirement from service notifications w.e.f. 27.09.2009. The respondents may also be…

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