Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Art.44---Writ petition---Alternate remedy, availability of---Estoppel---Scope---Petitioner claimed that he was a State Subject of Azad Jammu and Kashmir; that he was serving as contingent paid Cleaner BPS-2 in WAPDA (Water and Power Development Authority); that he was entitled to seek employment in the light of 20% quota reserved for the children of employees of WAPDA and that the WAPDA while issuing the advertisement regarding appointment against the vacancies of Cleaners had violated the office memorandum dealing with the provisions of quota, as such, the respondents be ordered to determine the quota of Azad Jammu and Kashmir and local citizens be given preference---Validity---Office memorandum dealt with two propositions, one is that appointment against the posts in BPS 1 to 5, would be made on local basis and secondly, province and region wise quota for the children of employees against the posts of BPS 6 to 14 had been allocated---Petitioner could not rely upon the office memorandum, however, he could claim his appointment on local basis for BPS 1 to 5---Since the petitioner was a contingent paid employee, therefore, if he felt persuaded that his grievance might be redressed then forum in terms of Industrial Relations Act, 2012 or in the shape of writ under Art. 199 of the Constitution of Pakistan might be available to him---Petitioner had also applied for the post under challenge, hence, by his conduct he was estopped from filing the petition in hand---Writ petition was dismissed, in circumstances. 2019 PLC (C.S.) 16; 2014 SCR 553 and 2011 SCMR 118 ref. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Art.44---Writ petition---Jurisdiction---Scope---Where the respondents were performing their functions in respect of affairs of Government of Pakistan and not in respect of affairs of the State of Azad Jammu and Kashmir, High Court observed that Art.44 of the Azad Jammu and Kashmir Interim Constitution, 1974, could not be invoked for issuance of writ. 2014 SCR 564 rel. (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Art.44---Writ…

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