Law:

Section:

(a) Azad Jammu and Kashmir Civil Servants Act, 1976- ---S. 12--Azad Jammu and Kashmir Service Tribunals Act, 1975, S.4-­Retirement of civil servant on completion of twenty-five years of service--Retirement assailed on ground that civil servant was not an employee of Azad Kashmir Government but employee of Government of Pakistan--Employees of Government of Pakistan having been earlier transferred to Azad Jammu and Kashmir Government through notification, civil servant by conduct opting to serve the Azad Kashmir Government, held, could no longer claim to be a civil servant of Government of Pakistan. (b) Azad Jammu and Kashmir Government Servants Act, 1976-- ---S.12---Retirement of civil servant on completion of twenty-five years of service--Effect--Retirement in public interest of civil servant is a part of terms and conditions of civil service--Once a person was treated as civil servant of Azad Kashmir Government, he would remain, subject to laws of Azad Kashmir and could not claim any different treatment even if laws of Pakistan were different, although there was no conflict in the legal position in Pakistan and Azad Kashmir in matter of retirement after specified service. (c) Azad Jammu and Kashmir Service Tribunals Act, 1975-- ---S.4--Azad Jammu and Kashmir Civil Servants Act, 1976, S.12-­Government of Pakistan, Ministry of Kashmir Affairs Office Order No. E-1/1/74, dated 5-3-1977, para. 8--Staff of Government of Pakistan transferred to Azad Kashmir Government--Government of Azad Kashmir authorized to deal with staff according to Rules governing the temporary employees--Employees of Pakistan accepted by Government of Azad Kashmir, held, would be subject to terms and conditions of Government of Azad Kashmir and such civil servant could not retain status of civil servants of Government of Pakistan--Order of retirement being within domain of authority of Government of Azad Kashmir could not be interfered with by Service Tribunal. Khawaja Muhammad Saeed for Appellant. Khawaja Shahad Ahmad for Respondent. JUDGMENT MUHAMMAD SIDDIQUE FAROOQI (CHAIRMAN).--The appellant has brought this appeal against order No. 1395-1403 dated 7-6-1984, whereby he was retired from…

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