| Citation(s) |
|---|
| 1992 SLG 145 1992 SLD 145 = 1992 PLC(CS) 421 |
Supreme Court of Pakistan
(On appeal from the order of the Service Tribunal, dated 8-4-1990 in Service Appeal No.398 of 1988).
Presented By: Sardar Said Muhammad Khan, CJ., Sardar Muhammad Ashraf Khan and Basharat Ahmed Sheikh, JJ
Raja Muhammad Hanif Khan, Advocate for
Respondent No.l (in Civil Appeal No.36 of 1990). Syed .Manzoor Hussain Gillani, Advocate for
Respondent No. 2 on 13th Febraury, 1991. Kh. Shahad Ahmad, Advocate on 3rd November, 1991 for
Respondent No.2
(On appeal from the order of the Service Tribunal, dated 8-4-1990 in Service Appeal No.398 of 1988).
Presented By: Sardar Said Muhammad Khan, CJ., Sardar Muhammad Ashraf Khan and Basharat Ahmed Sheikh, JJ
Raja Muhammad Hanif Khan, Advocate for
Respondent No.l (in Civil Appeal No.36 of 1990). Syed .Manzoor Hussain Gillani, Advocate for
Respondent No. 2 on 13th Febraury, 1991. Kh. Shahad Ahmad, Advocate on 3rd November, 1991 for
Respondent No.2
AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through its Chief Secretary and another
VERSUS
CH. MUHAMMAD LATIF, ADDITIONAL SECRETARY, SERIVCES AND GENERAL ADMINISTRATION DEPARTMENT, AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR and another
Law:
Section:
(a) Civil Procedure Code (V of 1908)-- ----S.2(9)---Judgment---Judgment can always be altered or added to at any time before its pronouncement in open Court. (b) Judgment-- ----Judgment can always be altered or added to at any time before its pronouncement in open Court. (c) Azad Jammu and Kashmir Civil Servants Act, 1976-- ----S.4---Mode of appointment---Appointment to a civil post would be made in the prescribed manner by the Government, or by a person authorised by it in this behalf. (d) Civil service-- ---- Appointment to a civil service would be made in the prescribed manner by the Government, or by a person authorised by it in this behalf. (e) Azad Jammu and Kashmir Civil Servants Act 1976-- ----S.2---Word "prescribed" would mean prescribed by Rules. (f) Words and phrases--- ---- Word "prescribed" would mean prescribed by Rules. (g) Azad Jammu and Kashmir Civil Servants Act, 1976-- ----Preamble---Scheme of Azad Jammu and Kashmir Civil Servants Act, 1976 showed that promotion of a person to a post would be termed as an appointment by promotion. (h) Civil service-- ---- Promotion of a person to a post would be termed as an appointment by promotion. (i) Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977-- --R.3---Mode of appointment---Appointment to a post would he made by promotion, transfer or initial recruitment---Word "shall" as used in R.3(2), Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977, signified that procedure laid down in the Rules would have to be followed for appointment by promotion. (V) Words and phrases-- ---- Word "shall" used with reference to procedure for appointment or promotion, would signify that procedure prescribed in relevant rules had to be followed for appointment by promotion. (k) Civil service-- ---- Appointment by promotion---Word "shall" as used in procedure prescribed in rules for appointment by promotion would signify that such procedure had to be…