Law: Azad Jammu and Kashmir Service Tribunal Act, 1975

Section: 4

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42

PLJ 2026 SC (AJ&K) 37 [Appellate Jurisdiction] Azad Jammu & Kashmir Service Tribunal Act, 1975 (XXII of 1975)-- ----S. 4--Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974), Art. 42--Promotion--Vacant post--Common pool cadre--Review/retrospective effect--Partially accepted--Appeal--Dismissed--Senior was given national promotion--Seniority list--It is al settled principle of law that retrospective or notional promotion could be given to a civil servant only in case when post was available in department or same was occupied by civil servant in any capacity--Perusal of impugned judgment showed that learned Service Tribunal in paragraph No. 7 of judgment had attended this point in a legal manner and resolved same on strength of case law enunciated by this Court, therefore, it could not be said that learned Service Tribunal overlooked this aspect of case--Appeal dismissed.     [Pp. 39 & 40] A & B 2019 SCR 101. Judgment Kh. Muhammad Nasim, J.--This appeal by way of leave of the Court, has been directed against the judgment passed by the Service Tribunal of Azad Jammu and Kashmir dated 08.09.2023 in service Appeal No. 639/2020, whereby, the appeal filed on behalf of the appellant, herein, was dismissed. 2.       The precise facts, giving rise to present appeal, are that the appellant, herein, was promoted to Grade (B-19) through notification dated 04.07.2013 as Administrator Zakat-o-Usher on the recommendations of relevant Selection Board. Thereafter, he was promoted against the post of Grade (B-20) in Common Pool Cadre Strength on regular basis on the recommendations of Selection Board, vide notification dated 04.02.2020. Being dissatisfied, he preferred a review/appeal before the authority for giving retrospective effect to the promotion from the date when the post fell vacant i.e. 17.04.2018. It was averred that the authority partially accepted the review/appeal, vide notification dated 02.10.2020, while giving retrospective effect to his promotion from 28.10.2019. The appellant, feeling dissatisfied from the said notification, filed an appeal before…