| Citation(s) |
|---|
| 2022 SLG 1798 2022 SLD 1798 2022 PLJ 100 |
Supreme Court (AJ&K)
C.A. No. 157 of 2019, decided on 16.3.2022. (On appeal from the judgment of the Service Tribunal dated 24.11.2018, in Service Appeals No. 721/2013 and 927/2013)
KH. MUHAMMAD NASIM, AC.J. AND RAZA ALI KHAN, MUHAMMAD YOUNAS TAHIR, JJ.
Mr. Anees-ul-Arfeen, Advocate for Appellants. Raja Mazhar Wheed Khan, Addl. Advocate General and Mr. Tahir Aziz, Khan, Advocate for
Respondents.
C.A. No. 157 of 2019, decided on 16.3.2022. (On appeal from the judgment of the Service Tribunal dated 24.11.2018, in Service Appeals No. 721/2013 and 927/2013)
KH. MUHAMMAD NASIM, AC.J. AND RAZA ALI KHAN, MUHAMMAD YOUNAS TAHIR, JJ.
Mr. Anees-ul-Arfeen, Advocate for Appellants. Raja Mazhar Wheed Khan, Addl. Advocate General and Mr. Tahir Aziz, Khan, Advocate for
Respondents.
SHOUKAT ALI HEAD CONSTABLE and another--Appellants
VS
SENIOR SUPERINTENDENT OF POLICE, MUZAFFARABAD and others
Law: Police Rules, 1934
Section: 13-5(a),13(6)(7),13-8(1)
Police Rules, 1934-- ----Chap. 13-5(a), 13(6)(7) , 13-8(1)--Appellant and Respondents were permanent employees--Merit list--Promotion of appellants after promotion of respondents--Promotion orders were not challenged before proper forum--Appeal--Appellants were promoted during pendency of appeal--Dismissal of appeal--Appellants were acquiesced their right--Appellants, through an appeal filed before Service Tribunal challenged order whereby Respondents No. 7 to 15, were promoted as Head Constables, on ground that appellants are senior to said respondents, they were entitled for promotion--Appellants had acquiesced their right, if any and practically appeal filed by appellants had become infructuous--Petition dismissed. [P. 102] A , B JUDGMENT Kh. Muhammad Nasim, ACJ.--The above titled appeal by leave of the Court has been directed against the consolidated judgment of the Service Tribunal dated 24.11.2018, whereby the separate appeals filed by the appellants and proforma-respondents, herein, have been disposed of. 2. The facts of the case briefly stated are that the appellants and proforma-respondents, herein, filed separate appeals before the Azad Jammu and Kashmir Service Tribunal, through which they challenged the order dated 30.08.2013. It was alleged in the appeal filed by the appellants, herein, that the appellants and the respondents are the permanent employees of the Police Department, who have qualified the exams of List “A” and “B” on different dates, required for Lower Class Course under Chapter 13(6)(7) of the Police Rules, 1934. Subsequently, they were nominated for Lower Class Courses in different Schools/Colleges on different dates and after successful completion of the courses, seniority list was prepared under Chapter 13-8(1) of the Policy Rules, 1934, in the light of the Order of merit issued by the concerned Schools/Colleges. The appellants, herein, were placed at Serial Nos. 11 and 23, whereas, Respondents No. 7 to 15, herein were placed at Serial No. 79, 80, 96, 97, 122, 123, 140, 189 and 190, respectively. As per seniority positions, the appellants and proforma-respondents, herein, were senior to Respondents No. 7 to…
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