| Citation(s) |
|---|
| 2022 SLG 842 2022 SLD 842 2022 PLC 528 |
Supreme Court (AJ&K)
Civil PLA No.698 and Civil Miscellaneous No.336 of 2019, decision dated: 3rd October, 2019, hearing date: 2nd October, 2019. (On appeal from the judgment of the High Court dated 12-9-2019 in Writ Petition No.744 of 2019)
CH. MUHAMMAD IBRAHIM ZIA, CHIEF, JUSTICE
Ch. Shoukat Aziz, Advocate for Petitioner. Yaqoob Khan Mughal, Advocate for
Respondents.
Civil PLA No.698 and Civil Miscellaneous No.336 of 2019, decision dated: 3rd October, 2019, hearing date: 2nd October, 2019. (On appeal from the judgment of the High Court dated 12-9-2019 in Writ Petition No.744 of 2019)
CH. MUHAMMAD IBRAHIM ZIA, CHIEF, JUSTICE
Ch. Shoukat Aziz, Advocate for Petitioner. Yaqoob Khan Mughal, Advocate for
Respondents.
SYED TUFAIL SHAH, INSPECTOR ENCROACHMENT, MUZAFFARABAD
VS
DEVELOPMENT AUTHORITY, MUZAFFARABAD THROUGH CHAIRMAN AND 8 OTHERS
Law:
Section:
Civil service--- ---Appointment---Non-impleadment of necessary party in writ petition---Effect---High Court dismissed writ petition due to non-impleadment of necessary parties---Validity had prayed for declaring the advertisement issued under the enforced Service Rules as illegal had neither challenged the vires of the enforced Rules nor arrayed the Rules Making Committee as party in the writ petition---Relief prayed in the writ petition could not be granted in absence of necessary party---No effective writ could be issued in absence of necessary parties---High Court had rightly passed the impugned ---Petition for leave to appeal was dismissed by the Supreme Court. ORDER: CH. MUHAMMAD IBRAHIM ZIA, CHIEF JUSTICE:---.--- The captioned petition for leave to appeal has been filed against the judgment of the High Court dated 12.09.2019, whereby the writ petition filed by the petitioner, herein, has been dismissed in limine. 2. The brief facts of the case are that the petitioner filed a writ petition before the High Court claiming therein that he was appointed as Junior Clerk BS-5 vide order dated 02.02.1993 and later on promoted as Inspector Encroachment vide order dated 02.11.1995. He was assigned the charge of post of Officer Encroachment, BS-16 which was vacant as its incumbent (Amir Khawaja) was on leave. Later on, due to cancellation of appointment order of Amir Khawaja, the post fell vacant. The respondents temporarily appointed private respondent vide order dated 09.11.2018. It was Further alleged that the post in question could only be filled through initial recruitment but the same was advertised through advertisement dated 02.04.2019. When this eventuality was brought into the knowledge of the authority in the year 2016, a proposal was initiated for amendment in the rules. According to the said proposal, the post in question was to be filled 50% by promotion on the basis of seniority-cum-fitness and 50% by initial recruitment. It was further contended that the official respondents appointed private respondent against the post in question on temporary basis and advertised the post in question for permanent induction, which is against the rights of the…
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