Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 47,44

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Arts.47, 44---Writ jurisdiction---Administrative Courts and Tribunals---Scope---As per Art.47, the jurisdiction of High Court under Art.44 is totally ousted to adjudicate upon the service matters relating to terms and conditions of the civil servants. Muhammad Ishfaq Khan v. Muhammad Rashid Minhas and 08 others 2019 SCR 318 rel. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Arts.47, 44---Writ jurisdiction---Administrative Courts and Tribunals---Scope---Even if any illegal or void ab initio order is passed against a civil servant, the same can be challenged before the Service Tribunal and jurisdiction of High Court is totally ousted due to bar contained in Art.47 of the Azad Jammu and Kashmir Interim Constitution, 1974. ORDER SARDAR MUHAMMAD EJAZ KHAN, J.-----The captioned writ petition has been addressed under Article 44 of the Azad Jammu and Kashmir Interim Constitution, 1974 whereby vires of impugned proposal dated 23.11.2021 has been challenged for having been issued without lawful authority and further a prohibition has been sought against her present place of posting i.e. Computer Lab Assistant Govt. Girls High School Dawarian, District Neelum. 2. Pre-admission notices were issued to the respondents for filing parawise comments/ objections vide order dated 25.11.2021, however, respondents Nos.1, 2 and 4 despite service failed to do the needful. 3. The learned counsel for the petitioner, more and less, reiterated the grounds of writ petition and argued that the impugned proposal annexure PD dated 23.11.2021 have been made without lawful authority, hence, the same may be set-aside and the petitioner may not be disturbed from her present assignment. 4. The learned counsel for the intervener vehemently opposed the arguments advanced by the learned counsel for the petitioner and argued that the applicant/intervener, Shahnaz Bibi, filed an appeal before the learned Service Tribunal in which the petitioner is also contesting the appeal as respondent No.6, hence, she invoked the jurisdiction of this Court with unclean hands and suppressed the material facts from…

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