Case Details

Citation(s)
1979 SLG 871 1979 SLD 871 1979 PLC 14
Service Tribunal (AJ&K)
Appeal No. 74 of 1978, decided on 13th December 1978.
SARDAR MUHAMMAD ASHRAF KHAN, CHAIRMAN AND KH. GHULAM QADIR, MEMBER

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SABIR HUSSAIN KHAN

VS

AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR AND ANOTHER

Law:

Section:

Azad Jammu & Kashmir Civil Servants Act, 1976---- Ss. 2, 4 & 11 read with Azad Jammu & Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977, rr. 13(ii) & 23(2), proviso (5)-Promotion to higher post not made in accordance with method prescribed by rules-Held, to be ad hoc one which does not confer on civil servant concerned any right to continue to hold such post-Such civil servant liable to reversion at any time at discretion of competent authority. Date of institution: 11th July 1978. ORDER SARDAR MUHAMMAD ASHRAF KHAN (CHAIRMAN). -This service appeal under section 4 of Azad Jammu & Kashmir Service Tribunal Act has been preferred by Mr. Sabir Hussain Khan against the order of Government respondent No. 1 whereby he was reverted from the post of Section Officer to that of, Assistant in the Civil Secretariat. Briefly stated the facts giving rise to this appeal are that the appellant who was an Assistant in the Development Section of the Civil Secretariat of Azad Jammu 8t Kashmir was promoted to the post of Section Officer subject to the confirmation by the Public Service Commission by Government respondent No. 1 vide its Order No. 26697-702/76, dated 29-12-1976 which is reproduced below .- The appellant while working on his new appointment was deputed alongwith some other Section Officers to undergo a training course at the Central Secretariat Training Institute, Rawalpindi by the Government vide its order No. Admin/3042-39/77 dated 12-2-1977 which he could not complete successfully and failed in, the examination held at the Institute. Government respondent No. 1 later on reverted the appellant to his original post of Assistant on the grounds that his appointment -was on ad hoc basis and that he was declared unsuccessful in that examination held by the said Institute vide its order No. Admin/15908-16/77 dated 14-12-1977 which reads as under :- Feeling aggrieved the appellant filed a review petition against the order of his reversion before the Government respondent but the same was dismissed. Hence this appeal. The appellant in his memorandum of appeal has challenged the impugned order of his reversion on the following…
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