Law: Azad Jammu and Kashmir Civil Servants Act, (VI of 1976)

Section: 10(3)

Law: Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977

Section: 17, 23(5)

PLJ 2026 AJ&K 18 Azad Jammu & Kashmir Civil Servant Rules, 1977-- ----Rr. 17 & 23(5)--Azad Jammu & Kashmir Civil Servants Act, 1976 (VI of 1976), S. 10(3)--Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974), Art. 44--Appointed as attendant--Transferred to post of attainment--Refuse to make attendance--Remove from assignment--Mala-fide--Challenge to--It is prerogative of Government to pass any appropriate order on recommendations of committee but in prevailing situation, there is no occasion to protect such appointments for an indefinite period under relevant provisions of law--Temporary appointment could not create any right for permanent induction rather same could be terminated on thirty days notice or pay in lieu thereof--Authority could revoke temporary appointment at any time without assigning any reason and serving notice--Court could only be exercised in extra-ordinary situation where any violation of law and rules had been made but in instant case no such eventuality appears to have been found--However, till regularization of post in question petitioner should not be disturbed from his present assignment--Petition dismissed.                                                                           [Pp. 20 & 21] A, B & C Order The captioned writ petition has been addressed under Article 44 of the Azad Jammu & Kashmir Interim Constitution 1974 whereby following relief has been implored by petitioner:-- “In view of the above, it is most respectfully prayed that this Court may graciously be pleased to:- i.        Declare the oral action of refusal to mark attendance and the intended discontinuation of petitioner’s service by the respondents as illegal, without authority and is of no legal lawful…