Law:

Section:

Civil service--- ----Appointment---Advertisement for recruitment---Scope---Respondent challenged appointment orders by way of writ petition on the ground that the same were issued without advertisement and adhering to rules on the subject matter---High Court through impugned accepted the writ petition and issued the direction for re-advertisement of the posts---Validity---Department had initially changed the cadre of the posts of Head Constable (BPS-5) to Junior Clerk (BPS-7) in derogation of the departmental service rules and thereafter issued the appointment orders of the appellants without adopting prescribed procedure for appointment---Posts of Junior Clerk (BPS-7) were liable to be filled in through initial recruitment and no other mode was provided, hence it was binding obligation of the department to advertise the posts for initial recruitment and fill in the same as per law---Appeal was dismissed. Aftab Hussain v. Executive Engineer Highway, Rawalakot and others 2019 SCR 602 and Secretary for Prime Minister and 3 others v. Muhammad Aslam and 5 others 2000 PLC (C.S.) 155 rel. JUDGMENT KH. MUHAMMAD NASIM, J.----The captioned appeal, by leave of the Court, has been directed against the judgment of the Azad Jammu and Kashmir High Court dated 10.05.2018, whereby, the writ petition filed by the respondent, herein, has been accepted and the official respondents herein, have been directed to advertise the posts of Junior Clerks within a period of 2 months. 2. The facts necessary for disposal of this appeal are that the respondent No.1, herein, filed a writ petition before the High Court, alleging therein, that he was appointed as Security Guard in BPS-5, vide order dated 20.12.2008. He applied for change of his cadre from Security Guard to Junior Clerk twice on 13.03.2013 and 03.04.2013, but the concerned authority has not considered his applications. It was further stated that later on, the official-respondents, herein, without advertising the posts, appointed the appellants, herein, as Junior Clerk (B-7), vide orders dated 16.08.2013 and 07.02.2015, illegally. He prayed for setting aside the appointment orders of the appellants, herein, and sought direction…

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