Law: Civil Procedure Code (V of 1908)

Section: 9

Law: Specific Relief Act (I of 1877)

Section: 42

Civil Procedure Code (V of 1908), S. 9 read with Specific Relief Act (I of 1877), S. 42-Government, servant-Decision of competent authority on promotion or seniority not in accordance with prescribed Rules-Aggrieved Government servant can seek assistance of civil Court-Civil Court has jurisdiction to go into matter and grant relief of declaration claimed by such Government servant-Kashmir Service Rules, rr. 24 & 25-Rules of Business (Azad J. & K. Government)-Azad Kashmir Government Act, 1964.   Abdur Rahman Bhaiya v. Commissioners of Naraynaganj Muni cipality P L D 1959 Dacca 5; Maiisur Ahmad v. Province of West Pakistan P L D 1961 S C 166 ; Muhammad Aboo v. Province of East Pakistan P L D 1960 S 'C 165 ; Fatima v. Khuda Bux P L D 1959 Lah. 824 and Province of Bengal v. Harsha Nath P L D 1954 Dacca 57 distinguished.   Barkat Ali v. West Punjab Province P L D 1952 Lah. 200; Federation of Pakistan v. Z. A. Mazari P L D 1958 Lah. 472; Kamir_v. Roshan P L D 1960 Lah. 325; Safiuddin v. Moslem Ali P L D 1960 Dacca 555 and Province of East Pakistan v. K. A. Manzur P L D 1963 Dacca 211 ref.   Civil Procedure Code (V of 1908), S. 9 read with Specific Relief Act (I of 1877), S. 42 - Government servant - Words "legal character" in S. 42, Specific Relief Act, 1877 - Meaning Government servant's claim that under Service Rules he was entitled to promotion before others-Claim for a legal status- Such Government servant can go to civil Court or determination of his legal character which has been denied to him.  JUDGMENT   The facts leading up to this Civil Revision briefly are that Allah Ditta respondent, a Senior Clerk in the office of the Accountant-General, Azad Kashmir Government brought a suit in the Court of the Additional Sub-Judge, Muzaffarabad for a decla ration that under the Kashmir Service Rules and also on the basis of his seniority he was entitled to a promotion in the higher cadre of the service and that the promotion of all the clerks of his class who were junior to him to jobs of 'higher rank was in derogation of the Service Rules and was, therefore, irregular. As a conse quential relief he prayed that the…