Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

(a) Azad Jammu and Kashmir Interim Constitution (VIII of 1974)--- ----Art.44---Writ petition---Maintainability---Vires of subordinate legislation---Scope---Service rules---Grievance voiced by the petitioner pertained to an amendment brought in the rules which as per his estimation was detrimental to his service rights---Validity---Making of rules was purely within the domain of rules making authority and wisdom of the authority could not be challenged by any individual in a way to ask for framing of rules merely for his benefit and according to his sweet will---Wisdom of rules making authority could not be challenged and questioned at random without alleging any illegality or for that matter any clash between the rules with the parent Act vis a vis infringement of any constitutionally guaranteed fundamental rights having direct nexus with the alleged grievance of the petitioner---Competent authority was empowered to fix, alter or enhance qualification of any post according to exigencies of the department---No infringement of law was pointed out by the petitioner in the impugned rules---Writ petition, being not maintainable, was dismissed. PLD 2013 FSC 18 ref. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Art.44---Writ petition---Extraordinary jurisdiction---Scope---Remedy of writ is an extraordinary constitutional remedy which can be available by the aggrieved person keeping in view the parameters of Art.44 of the Azad Jammu and Kashmir Interim Constitution, 1974. (c) Interpretation of statutes--- ----All the presumptions of legality are to be drawn in favour of the legislative instrument even though the same is subordinate legislation. (d) Interpretation of statutes--- ----Subordinate legislation---Scope---Rules or progency of a statute which are made by the competent authority in exercise of its delegated legislation are confined and limited to the law under which they are framed. (e) Rules--- ----Framing altering or amending the rules is the prerogative of the government or concerned authority. Qazi Ghulam Sarwar and 3 others v. Azad Government and 6 others 2016 SCR 1737; Rizwan Muzaffar v. Azad Government and 8 others 2010 SCR…

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