| Citation(s) |
|---|
| 1986 SLG 2253 1986 SLD 2253 1986 PLC 710 |
Service Tribunal (AJ&K)
Appeal No. 175, decided on 12th February, 1986.
MUHAMMAD SIDDIQUE FAROOQI, CHAIRMAN AND KHAWAJA ABDUS SAMAD, MEMBER
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Appeal No. 175, decided on 12th February, 1986.
MUHAMMAD SIDDIQUE FAROOQI, CHAIRMAN AND KHAWAJA ABDUS SAMAD, MEMBER
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MUHAMMAD FAZAL KHAN
VS
AZAD GOVERNMENT through Secretary, Revenue and others
Law:
Section:
(a) Azad Jammu and Kashmir Service Tribunals Act, 1975-- ---S.4--Appeal--Limitation, for filing of--Period prescribed for filing appeal before Tribunal would be thirty days from date of order, sought to be appealed against--Where, however, other remedy in form of appeal, review petition or representation was available, aggrieved civil servant, held, could prefer appeal, after waiting for ninety days from date appeal, on such review petition or representation could have preferred by such civil servant. (b) Azad Jammu and Kashmir Service Tribunals Act, 1975---- ---S.4--Limitation period--Computing of--Representation to Government, held, could only be made in matters, where no right of appeal or review existed--In presence of right of appeal, right of representation would not be available to civil servant--Time taken in proceedings with remedy allowed by law, could only be deducted, while time taken in seeking relief through remedy not allowed by law could not be excluded in determining point of limitation. 1983 P L C 256 ref. (c) Azad Jammu and Kashmir Civil Servants Act, 1975---- ---S. 12(ii)--Seniority--Consideration of--Concept of seniority, held, would be co-related with right of being considered for promotion-tTiua justifying competency of appeal where such right was not adhered to, by Department at time of promotion. (d) Azad Jammu and Kashmir Civil Servants Act, 1975-- ---S. 12(ii)--Kashmir Service Regulations, Art. 24-A- Seniority-Determination of--Seniority between civil servants relating to period prior to enactment of Civil Servants Act, 1976, held, would be determined in accordance with Art. 24-A of Kashmir Service Regulations--Seniority would have reference to number of sanctioned strength of posts in any particular department or functional unit of Department--Equal grade in same Department or similar post outside cadre, in another Department, would not unite all persons for purpose of seniority and for being treated as belonging to same class or cadre--Officials outside Department could not be promoted to post in Department, which were reserved for promotion, except those meant for transfers from other Departments--Cadre posts, could not be mixed…
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