| Citation(s) |
|---|
| 2012 SLG 1221 2012 SLD 1221 2012 PLC 140 |
High Court (AJ&K)
Writ Petition No.95 of 2011, decision dated: 16-12-2011.
MUNIR AHMED CHAUDHRY, J
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Writ Petition No.95 of 2011, decision dated: 16-12-2011.
MUNIR AHMED CHAUDHRY, J
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TAHIR MEHMOOD
VS
AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Chief Secretary and 3 others TAHIR MEHMOOD vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Chief Secretary and 3 others
Law:
Section:
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------S. 44---Writ petition---Civil service---Ad hoc appointment---Petitioner was appointed on ad hoc basis and appointment order mentioned that same was on ad hoc basis for six months and competent authority could terminate the ad hoc appointment without issuing any notice at any time---Said conditions were mentioned in all of the orders regarding the extension of the basic order of ad hoc appointment---Ad hoc appointment would create no right and such like Officer would not come in the ambit of a 'civil servant'---Petitioner had no locus standi to file a writ petition on the basis of his being an ad hoc appointee. Raja Raza Ali Khan for Petitioner. Sardar Abdus Sami Khan for Respondents. ORDER MUNIR AHMED CHAUDHRY, J.--- The above captioned writ petition was filed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, through which the following prayer was made:--- "It is, therefore, most humbly prayed that by allowing this petition appropriate writ may kindly be issued to the following effect: (i) Prohibiting the respondents to discontinue the ad hoc appointment of the petitioner until and unless the post held by the petitioner is filled on regular basis after selection on merit under law/ rules. (ii) Directing the respondents to approve the proposal of extension of ad hoc appointment contained in the summary dated 5-1-2011 moved by Secretary Local Government Board. Any other relief to which the petitioner is entitled to may also graciously be granted along with the costs". 2. Petitioner stated in the petition that he was appointed as Chief Officer B-17 in the Local Government Department on ad hoc basis vide Order No.4723-29 dated 17-7-2009. Thereafter, extensions were made regarding his ad hoc appointment. The process for permanent appointment against the said post could not be initiated, so, Secretary Local Government Board has moved a summary for further extension of ad hoc appointment of the petitioner but the respondents are bent upon to terminate the ad hoc…
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