Law: Azad Jammu and Kashmir Service Tribunal Act, 1975

Section: 4

Azad Jammu and Kashmir Service Tribunal Act (XXII of 1975)--- ----S. 4---Azad Jammu and Kashmir Health Department (Paramedics and Medical Assistants Dying Cadre (4 tiers formula) Service Rules, 2015---Employees filed appeal wherein vires of Azad Jammu and Kashmir Health Department (Paramedics and Medical Assistants Dying Cadre (4 tiers formula) Service Rules, 2015 were challenged on the ground that it had curtailed their right of promotion---Service Tribunal dismissed the appeal on the ground that it had no jurisdiction to pass any direction---Validity---Government had prerogative to frame/amend the rules---Rules could not be framed/amended at the sweet-will of any civil servant---Rules could only be abolished if it was proved that same had been enacted in conflict with the provisions of parent Act or the Constitution---Civil servant could not claim promotion to a particular post as a vested right with the claim that rules be framed in such a manner so that he might be promoted---Court was not to interfere with the powers legally exercised by the Government---Vires of rules could be challenged before Service Tribunal---Appeal was dismissed, in circumstances. Syed Rasheed Hussain Shah v. Azad Government and 6 others 2014 SCR 883 rel. THIS JUDGMENT DELIVERED BY: RAJA SAEED AKRAM KHAN, J.--- This appeal by leave of the Court has been directed against the judgment of the Service Tribunal dated 27.02.2018, whereby the appeal filed by the appellants, herein, has been dismissed. 2. The facts as emerged from this appeal are that the appellants are the permanent employees of Health Department and performing duties in different cadres. The appellants while filing appeal before the Service Tribunal challenged the vires of the Azad Jammu and Kashmir Health Department (Paramedics and Medical Assistants Dying Cadre (4 tiers formula) Service Rules, 2015 on the ground that by promulgating these Rules the right of promotion of the appellants have been curtailed/blocked with mala fide intention. The learned Service Tribunal after necessary proceedings dismissed the appeal of the appellant vide impugned judgment dated 27.02.2018, which is the subject matter of the instant appeal.…

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