Law:

Section:

(a) Azad Jammu & Kashmir Service Tribunal Act, 1975­----- -----S. 4-Appeal-Appellant's terms and conditions of service not in any way adversely affected by impugned order-Jurisdiction of Tribunal under S. 4 cannot be invoked in such case. (b) Azad Jammu & Kashmir Service Tribunal Act, 1975--- ----S. 5 (2) read with Civil Procedure Code (V of 1908)-Procedure embodied in C. P. C.-Held, fully applicable to, Tribunal subject to provisions of Act. Azad Government v. Kh. Ahmad Din 1977 P L C (C. S. T.) 60 ref. B. A. Farooqi for Appellant. Additional Advocate-General for Respondents Nos. 1 and 2. Sh. Abdul Aziz for Respondents Nos. 4 and 5. Date of Institution: 18th November 1976. ORDER SARDAR MUHAMMAD ASHRAF KHAN (CHAIRMAN).-The facts giving rise to this appeal, shortly stated, are, that Mohammad Sayyab appellant was temporarily appointed as Moharrir in Headquarter Jail, Muzaffar­abad by its Superintendent vide his order dated 14-11-1965 (Annex­ure A/1 with the appeal) and was still working in the same capacity when he was transferred to the Health Department and posted as Junior Clerk in the office of Director Health Services, Muzaffarabad by Staff Officer Directorate of Health Services order dated 17-9-1966 (copy Annexure A/3). In the Health Department the appellant received two promotions, first as a Senior Clerk in June, 1972 and second one as Quartermaster in April 1975 vide orders dated 18-6-1972 and 9-4-1975 of Deputy Director and Director, Health Services respectively (copies Annexure A & B). Maqsood Ahmed and Ch. Alif Din respondents Junior Clerk in the District Jail, Muzaffarabad and Store Keeper in the office of Inspector­-General of Prisons, Azad Kashmir at Rawalpindi respectively were both promoted and appointed as Assistant- Superintendent Jail by an order dated 20-9-1975 (copy of the order not filed with the appeal). Syed Ghulam Ali Shah respondent No. 5 a laboratory Technician in the Health apartment by promotion was appointed as Deputy Superintendent Jail on ad hoc basis subject to the confirmation by the Public Service Commission vide Government Order dated 22-7-1976 (copy Annexure F). Feeling aggrieved by the above-stated promotions of…

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