Case Details

Citation(s)
2025 SLG 4306 2025 SLD 4306 = 2025 PLC 540
High Court (AJ&K)
Writ Petition No.457 of 2023, decided on 10th June, 2024.
Before Syed Shahid Bahar, J
Ch. Shoukat Aziz for Petitioner.       Haider Rasheed Mughal, Assistant Advocate General for Official
Respondents.

SHOAIB MEHMOOD AWAN

VERSUS

OMBUDSMAN (MOHTASIB), AZAD JAMMU AND KASHMIR and 3 others

Law:

Section:

(a) Civil service---

----Posts relating to direct quota---Recruitment through promotion instead---Compliance report as well as written statement submitted by the official respondents showed that they (official respondents) were bent upon to fill posts in question through promotions from the other employees of the department and in said regard they had initiated proceedings and convened meetings secretly, which depicted that they had admitted the version of the petitioner regarding availability of the posts relating to the direct quota of appointment but they were not taking any steps to advertise the same for induction in accordance with rules and were delaying the matter unnecessarily---Record (of another writ petition previously filed by someone else) revealed that official respondents in the said proceedings had themselves admitted that 02 vacant posts of Section Officers relating to the direct quota of recruitment were vacant in the department---There was nothing to prolong the mater and to avoid the process of law on the part of the respondents because the petitioner had sufficiently proved the availability of the posts---Act of the respondents regarding non-advertisement of the posts for direct recruitment indicated that they were bent upon to fill in the posts in question through promotion---Thus, both the posts were liable to be advertised forthwith against the quota of direct recruitment---High Court directed the official respondents to advertise 02 vacant posts of Section Officer BPS-17 for permanent induction against the quota reserved for direct recruitment within 01 month; and till the permanent induction of the said posts, petitioner shall not be relieved or disturbed---Writ petition was allowed accordingly.

(b) Civil service---

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