Law:

Section:

(a) Azad Jammu & Kashmir Service Tribunals Act, 1975- ---S. 4, proviso (b) (l)-Appeal before Tribunal-Fitness or otherwise for promotion--Beyond jurisdiction of Tribunal-Fitness recommended by Public Service Commission after due consideration of merits- Consideration of merits not denied-Matter, held, beyond jurisdiction of Tribunal. (b) Azad Jammu & Kashmir Service Tribunals Act, 1975-- 1 4, proviso (a)-Appeal-Condition prerequisite - Availing of prescribed departmental remedy -- Failure-Renders appeal not maintainable. Appellant in person. Kh. Muhammad Saeed for Respondents Nos. 1 to 3. Respondent No. 4 in person. ORDER SARDAR MUHAMMAD ASHRAF KHAN (CHAIRMAN).--The facts which have led to the filing of the present appeal are that Mirza Muhammad Aslam respondent No. 4 on the recommendation of Public Service Commission was promoted from the post of Line Superintendent in Electricity Department of Azad Kashmir to that of Assistant Engineer Electricity by the respondent No. 1 vide its Order No. 1292-98 dated 20-4-1974 (Annexure `II' with -the appeal) and later on the vacancy caused by his retirement on 17-11-1975 was filled in by the appointment of Iqbal Mohi-ud-Din respondent No. 5 by an order No. 324339 dated 19-11-1974 of respondent No. 1. Feeling aggrieved by the aforesaid orders the appellant who held the appointment of Line Superintendent in the Electricity Department has preferred the present appeal under section 4 of Azad Jammu & Kashmir Service Tribunal Act, 1975 (hereinafter referred to as an Act) with the prayer that by setting aside the impugned orders the respondent No. 1 by directed to promote the appellant to the post of Assistant Engineer Electricity from the relevant date. As regards the impugned order of the promotion of respondent No. 4 the same has been assailed by the appellant on the grounds that it had been recommended by respondent No. 3 and made by respondent No. 1 in flagrant disregard of service rules applicable to the Government employees and the orders of the Government prescribing District-wise quota to the services. In this connection it has been contended that under rule 25 of K. S. R., Volume II promotions are required…

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