Law: AJ&K Interim Constitution Act, 1974

Section: 144

AJ&K Interim Constitution Act, 1974 (VIII of 1974)-- ----Art. 144--Launching of scheme--Appointment as Assistant Director--Expiry of scheme--Right of permanent injunction--Collective interest of people--Creation of new right--Challenge to--It is settled principle of law that any adhoc/temporary/project service does not confer any right of permanent induction upon incumbent--In instant case, appointment was made for a particular time period, which stood elapsed on 30-06-2014--It is to be observed here that to launch schemes/projects, eliminate same is sole prerogative of Government and Courts are not supposed to interfere in domain of Executive in such matters unless mala-fide, arbitrariness or violation of any law is shown--Wish and desire of an individual cannot be given preference upon collective interest of people and Government wants to receive salary of period, he was not in service under any legal order and this Court is not inclined to protect ill-gotten gains or acts--Performance of any duty after 30.06.2014, by petitioner is illegal and an illegal act or gain cannot be protected by Court of law--This forum cannot be used to perpetuate an illegal act--Neither Court can create a new right which was not in existence under any law, Custom or usage, having force of law at time of institution of case--So, rendering of any work by petitioner with collusion or on unauthorized instruction of any officer of Department does not entitle him for salary of period, when, he was not holding any post in such Department--Petition was dismissed. 2015 SCR 1156, 2016 SCMR 709 and 2014 SCR 382 ref. JUDGMENT Through the above captioned writ petition filed under Section 44 of the Azad Jammu Kashmir Interim Constitution Act, 1974, the petitioner has sought the following relief: "It is therefore, very humbly prayed that the amended writ petition may kindly be accepted and an appropriate writ in favor of petitioner against the respondents may kindly be issued whereby the respondents may kindly be directed to shift the post held by the petitioner on normal budget and the petitioner be treated as permanently appointed officer as Assistant Director B-17. Respondents further be…

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