Case Details

Citation(s)
1981 SLG 3046 = 1981 SLD 3046 = 1981 PLC 26
Service Tribunal (AJ&K)
Appeal No. 57 of 1977, decided on 30th September, 1980.
Presented By: Sardar Muhammad Ashraf Khan, Chairman and Kh. Ghulam Qadir, Member

MUHAMMAD ZULF KHAN

VERSUS

AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR

Law: Azad Jammu and Kashmir Service Tribunal Act, 1975

Section: 4

Azad Jammu & Kashmir Service Tribunals Act, 1975 S. 4, proviso (a)-Requirement of proviso (a)--Mandatory-Non compliance involves serious legal consequence of loss of right of appeal-Appal against reversion to lower post--Service rule providing right of review--Such review petition not made-Appeal before Tribunal, in circumstances, held, not maintainable.                                                                                                                                                      ORDER KH. GHULAM QADIR (MEMBER).---The appellant Muhammad Zulf Khan filed this service appeal calling into question Government Order No. Admin/ SO-3 dated 22-6-77 whereby accepting review petition/appeal of Respondents Nos. 2 and 3 the Government respondent No. 1-reverted the appellant from the post of Deputy Registrar High Court to that of Private Secretary to Chief Justice and promoted Ghulam Hussain Awan Respondent No, 2 from the post of Private Secretary to Judge of Supreme Court to the post of Deputy Registrar High Court and also declared Mr. Muzaffar Maqbool respondent No. 3 as senior to appellant and granted him pro forma promotion to the post of Private Secretary w. e. f. 1-4-1975 for the purpose of securing his seniority. The facts which led to this appeal are concisely stated as under:-- Mr. Zulf Khan appellant was appointed as Judgment-Writer in A. K. High Court on 1-7-72 and was later transfered to Supreme Court and promoted to the post of Private Secretary to Judge of Supreme Court. Later on, he was re-transferred to High Court and appointed Private Secretary to the Chief Justice w. e. f. 13-5-75 from which post he was promoted to the post of Deputy Registrar, High Court vide Government Order No. S&GAD/ 1438-91-75 dated 4-8-75 where the appellant is serving as such up till…
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