Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973

Section: R.3(2)

Law: Constitution of Pakistan, 1973

Section: 199

Law: Law Reforms Ordinance, 1972

Section: 3

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 21

Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ----R. 3(2)---Azad Jammu and Kashmir Council Adaptation of Laws Act, 1979, Preamble---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 21---Constitution of Pakistan, Art. 199---Law Reforms Ordinance (XII of 1972), S. 3---Intra-court appeal---Azad Jammu and Kashmir (AJ&K) Council---Writ of Mandamus---Constitutional jurisdiction of High Court---Respondent was candidate for post of Judicial Member Appellate Tribunal Inland Revenue Azad Jammu and Kashmir but Azad Jammu and Kashmir Council re-advertised the post---Respondent assailed decision of Azad Jammu and Kashmir Council---Single Judge of High Court issued writ in favour of respondent to issue appointment letter---Validity---Body created by laws of Azad Jammu and Kashmir could not be issued a writ by High Court (Pakistan) in exercise of jurisdiction under Art. 199 of the Constitution even if it took decisions within its territorial jurisdiction and even if such decisions could not withstand test of legality on provisions of Constitution of Pakistan---Competitive process for appointment in question was not pursuant to any laws of Pakistan but under Azad Jammu and Kashmir Council vide Azad Jammu and Kashmir Council Adaptation of Laws Act, 1979---Division Bench of High Court set aside passed by Single Judge of High Court as writ of Mandamus could not be issued with respect to a decision taken by Prime Minister of Pakistan in his capacity as Chairman Azad Jammu and Kashmir Council---Intra-court appeal was allowed in circumstances. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, J.--- Through the instant intra Court appeal, the appellants, impugn the judgment dated 07.06.2016, passed by the learned Judge-in-Chambers, whereby Writ Petition No.1394/2016 filed by the respondent, was allowed and the appellants were directed to issue an appointment letter to the respondent for the post of Judicial Member (BPS-20), Appellate Tribunal Inland Revenue, Azad Jammu and Kashmir ("ATIR, Azad Jammu and Kashmir"). 2. The facts essential for the disposal of the instant appeal are that in response to an advertisement published in the…

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