| Citation(s) |
|---|
| 2020 SLG 1786 2020 SLD 1786 2020 PLC 988 |
Supreme Court (AJ&K)
Civil Appeals Nos. 258 and 259 of 2019, decision Dated: 18-01-2020, hearing Date : 14-01-2019 (On appeal from the order of the Service Tribunal, Dated 28-1-2019 in Service Appeal No. 64 of 2019). (On appeal from the order of the Service Tribunal, Dated 25
RAJA SAEED AKRAM KHAN, JUSTICECH. MUHAMMAD IBRAHIM ZIA, CHIEF JUSTICE
Asghar Ali Malik, Advocate for Appellants (in Civil Appeals Nos.258 and 259 of 2019). Raja Inaamullah Khan, Advocate-General and Syed Asim Masood Gilani, Advocate for
Respondents (in Civil Appeals Nos.258 and 259 of 2019).
Civil Appeals Nos. 258 and 259 of 2019, decision Dated: 18-01-2020, hearing Date : 14-01-2019 (On appeal from the order of the Service Tribunal, Dated 28-1-2019 in Service Appeal No. 64 of 2019). (On appeal from the order of the Service Tribunal, Dated 25
RAJA SAEED AKRAM KHAN, JUSTICECH. MUHAMMAD IBRAHIM ZIA, CHIEF JUSTICE
Asghar Ali Malik, Advocate for Appellants (in Civil Appeals Nos.258 and 259 of 2019). Raja Inaamullah Khan, Advocate-General and Syed Asim Masood Gilani, Advocate for
Respondents (in Civil Appeals Nos.258 and 259 of 2019).
MUHAMMAD AYOUB AWAN AND 3 OTHERS
VS
AZAD GOVERNMENT OF THE STATE OF THE JAMMU AND KASHMIR THROUGH SECRETARY SERVICES AND GENERAL ADMINISTRATION DEPARTMENT AND 3 OTHERS MUHAMMAD AYOUB AWAN AND 3 OTHERS VS AZAD GOVERNMENT OF THE STATE OF THE JAMMU AND
Law: Azad Jammu and Kashmir Service Tribunal Act, 1975
Section: 4
(a) Azad Jammu and Kashmir Service Tribunal Act (XXII of 1975)--- ----S.4---Appeal to Service Tribunal (appeal)---Limitation---Appeal was dismissed in limine being time barred---Contention of employee was that impugned notifications were never communicated to the him---Validity---Notification which had been issued and published in the official gazette would be presumed to have been issued for the information of general public---Impugned notification was in the knowledge of public at large, in circumstances---Grounds raised in the appeal were self-contradictory---Appeal had been filed after expiry of the period of limitation and explanation offered in that regard was not plausible---Appellant could not be allowed to blow hot and cold in one breath while enjoying the promotion effected through the impugned notification and equally denying its awareness---No illegality or irregularity had been committed by the Service Tribunal while dismissing the appeal through impugned ---Service Tribunal had rightly appreciated the material available on record---Impugned had been passed in accordance with law---Appeal was dismissed, in circumstances. Tariq Javaid v. Azad Government and 5 others 2015 SCR 653 rel. (b) Notification--- ----Notification which had been issued and published in the official gazette would be presumed to have been issued for the information of general public. THIS JUDGMENT DELIVERED BY: RAJA SAEED AKRAM KHAN, JUSTICE:---.--- Both the supra-titled appeals arise out of the judgments of the Service Tribunal dated 25.1.2019 and 28.1.2019, whereby, the appeals filed by the appellants, herein, have been dismissed in limine. As common question of law and the facts is involved in these appeals, therefore, these have been heard together and being disposed off through this proposed single judgment. 2. The common facts of the instant case are that the appellants, herein, filed two separate appeals before the Service Tribunal while challenging the notifications dated 6.9.2016 and 5.10.2018. Through Appeal No. 56 of 2019, it was averred that that the appellants were promoted as the Assistant Commissioners (BPS-18) on officiating basis, vide notifications dated…
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