Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42(10)

Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974)-- ----Art. 42(10)--Filing of writ petition--Dismissed--Appointment as Naib Qasid--Upgradation under educational package--Recommendations of selection committee--Up-gradation was withdrawn--Shifting of post of appellant to another institution--Appointment before shifting post--Challenge to--It is case of appellant that after test and interview on recommendations of respective selection committee, he was appointed as Naib Qasid--As per recrd, appellant was appointed before shifting post and nobody has stated that appointment of appellant was defective or not made in accordance with law--Director Education Colleges who was summoned has made a statement during course of arguments that appellant could not be adjusted due to shifting of post--However, at end of day, he agreed to adjustment of appellant--Even otherwise no any reason has been stated by him that as to why appellant, herein, penalized for an act of authority--Apprehends that decision will affect cases of whole Azad Jammu Kashmir--This apprehension is misconceived as nobody else has challenged appointment or adjustment well in time--In view of statement of Director Education College as well as record, we accept appeal while setting aside passed by High Court--Resultantly, appellant shall be adjusted in view of his appointment on post carrying same grade--Appeal was accepted. 2001 SCR 368 ref. JUDGMENT Ghulam Mustafa Mughal, J.- The captioned appeal by leave of the Court has been directed against the judgment dated 06.09.2019, passed by the Azad Jammu and Kashmir High Court in Writ Petition No. 1306 of 2018. 2. The facts forming the background of the captioned appeal are that the appellant, herein, filed a writ petition before the Azad Jammu and Kashmir High Court stating therein that Girls Inter College, Kel, was up-graded as Degree College under the Educational Package, vide notification dated 26.04.2015, whereby, in addition to other posts, one post of Naib Qosid, was also allocated in the budget for the year 2015-2016. It is stated that after advertisement and selection process, on the recommendations of the respective selection…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492