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 was retired employee of university of Azad Jammu and Kashmir--Upgradation of university--Transfer of amounts from university of Azad Jammu and Kashmir to other universities was receiving all pensionary benefits and receiving his pension regularly--Non-refusal of pensionary benefits-legal right to invoke extraordinary jurisdiction--Challenge to has retired from service of University of Azad Jammu and Kashmir and neither his pensionary benefits have been refused to him nor he has been denied payment of regular pension, rather he is regularly receiving same, therefore, we are of considered view that High Court has not committed any illegality while dismissing writ petition--Question more appropriately can be raised by University itself or any other employee, having suffered due to non-transfer of liabilities--Moreover, until relevant provision of law referred to by Raja Amjad Ali Khan, advocate, is not challenged, no legal right can be claimed by appellant--As has been observed earlier that appellant has no legal right to invoke extraordinary jurisdiction of High Court and claim put forth by him can only be brought by any other interested person or University itself, therefore, we have not found any fault in impugned of High Court, resultantly--Appeal was dismissed. JUDGMENT Ghulam Mustafa Mughal, J.- The titled appeal, by leave, has keen directed against the judgment delivered by the High Court on 16.2.2019, whereby the writ petition filed by the appellant, herein, has been dismissed in limine. 2. The necessary facts forming background of instant appeal are that the appellant, herein, filed a writ petition before the High Court, alleging therein that he was serving as the Public Relations Officer in the University of Azad Janimu and Kashmir and stood retired, vide notification date 03.05.2018. It was further averred that the University of Azad Jammu and Kashmir was established in the year 1980. Later on, the campuses of the University were also set up at Mirpur and Kotli. The Mirpur University of Science and Technology was established through an…

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