Law: Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977

Section: 9(2)

Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977-- ----R. 9(2)--Dismissal of application for promotion--Prerogative of authority--Seniority-cum-fitness--Seniority list--Responsibility of authority--Direction to is holding post of Assistant Election Commissioner B-17, if department found him eligible as per rules, it is authority to consider him for promotion against post of Deputy Election Commissioner as per rules specifically stated in written statement that if it is decided as a matter of policy that both or any of two posts are to be filled in by promotion, petitioner if found qualified on basis of seniority-cum-fitness according to rules, shall be considered, as per law are directed to send case of petitioner before Selection Board for considering him for promotion against available post of Deputy Election Commissioner B-18 as per rules, within a period of 15 days after receiving instant --Petition disposed of. JUDGMENT The supra titled writ petition has been addressed under Article 44 of the Azad Jammu and Kashmir Interim Constitution, 1974, whereby, a writ of prohibition is solicited against respondents from filling the post of Deputy Election Commissioner B-18 through appointment by transfer amongst other person. The petitioner further solicited direction against respondents to promote him against one of the post of Deputy Election Commissioner B-18 according to seniority, qualification and length of service. 2. The summary of case is that petitioner being state subject of Azad Jammu , Kashmir was inducted in civil service of Election Commission as Stenographer B-12 and now he is performing his duties as Assistant Election Commissioner B-17 vide Govt. notification dated 28.05.2014. It is stated that respondents prepared a final seniority list of officers and other employees of Election Commission on 22.03.2019. Serial No. 3, of the said seniority list pertains to Assistant Election Commissioner B-17, wherein, petitioner is falling at serial No. 4. It is averred that incumbents falling at serial No. 1 , 2 have already been promoted and now the incumbents falling at serial No. 3 , 4, are falling at serial No. 1 , 2…

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