| Citation(s) |
|---|
| 1981 SLG 2116 1981 SLD 2116 1981 PLC 210 |
Service Tribunal (AJ&K)
Appeal No. 62 of 1978, decided on 14th December, 1980.
SARDAR MUHAMMAD ASHRAF KHAN, CHAIRMAN AND KH. GHULAM QADIR, MEMBER
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Appeal No. 62 of 1978, decided on 14th December, 1980.
SARDAR MUHAMMAD ASHRAF KHAN, CHAIRMAN AND KH. GHULAM QADIR, MEMBER
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MUHAMMAD TAJ
VS
REVENUE SECRETARY, AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR
Law:
Section:
(a) Civil service- --- Appointment not made in prescribed method and according to rules-Creates no vested right-Termination of services of such appointee without any notice-Creates no right of complaint or grievance-Rules requiring appointment through competitive examination-Appointment made without such examination-Void ab initio-Services terminated without show-cause notice-Termination order, held, neither exceptionable nor created any right of grievance before Service Tribunal-Azad Jammu & Kashmir Service Tribunal Act, 1975, S. 4 read with Kashmir Services Rules, Vol. 11. Art. 18(1) and Azad Jammu & Kashmir Revenue Officers Rules, 1970, r. 5. (b) Kashmir Service Rules, Vol. II ---Art. 20 read with Azad Jammu & Kashmir Civil Servants Act 1975, S. 10 and Azad Jammu & Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1975, r. 7(i)-Probation-Direct recruit-Probation period of 2 years Termination dating probation period-Show-cause notice-Not needed-Requirement of show-cause notice specifically excluded-Natural justice-Principle of audi alterarn partem (No one should be condemned unheard)-Not applicable. Surbland Khan v. A. K. Government and others 1980 P L C (C. S.) 400y and Mir Abdul Qayyum v. Azad J & Government and others 1980 P L C (C. S.) 400a rel. Sh. Abdul Aziz for Appellant. Kh. Amir-ud-Din for Respondents. Date of institution : 11th January, 1978. ORDER SARDAR MUHAMMAD ASHRAF KHAN (CHAIRMAN).-We propose to dispose of both the above-captioned Appeals Nos. 62 and 65 of 1978 by this single judgment as these arise out of one and the same impugned order and also involve the common questions of law and facts for determination. Briefly stated, the facts giving arise to the filing of the aforementioned appeals are that Messrs Muhammad Taj and Muhammad Sabir were appointed as Tehsildars in the Revenue Department by Government-respondent No. 2 vide its Order No. 1110-1120/75 dated 19-11-1975. After their appointments they received settlement training and also passed departmental examination and were working as Tehsildars when the Government sent a requisition to the Public Service Commission for selection of six…
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