| Citation(s) |
|---|
| 1987 SLG 1114 1987 SLD 1114 1987 PLC 311 |
Service Tribunal (AJ&K)
Appeal No. 204 of 1983, decided on 20th October, 1986
MUHAMMAD SIDDIQUE FAROOQI, CHAIRMAN AND KHAWAJA ABDUS SAMAD, MEMBER
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Appeal No. 204 of 1983, decided on 20th October, 1986
MUHAMMAD SIDDIQUE FAROOQI, CHAIRMAN AND KHAWAJA ABDUS SAMAD, MEMBER
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MUHAMMAD RAFIQ KHAN
VS
AZAD JAMMU a KASHMIR GOVERNMENT through SECRETARY EDUCATION and another
Law:
Section:
. (a) Azad Jammu and Kashmir, Civil Servants Act, 1976-- ---S.5--Azad Jammu and Kashmir, Service Tribunals Act, 1975, S.4-Appeal against tentative seniority list--Competency--Where order challenged by appellant was not final but tentative one, whereby seniority list was circulated for the purpose of eliciting the objections of senior teachers who could apply for correction of entries relating to their service, no appeal against such tentative order, held, could be preferred--Plea of appellant that subsequently a final t had been prepared wherein the name of appellant appeared at the same serial number in previous tentative list would be of no avail to appellant because of his failure to produce a copy of such final list--In absence of submission of final list; appeal would be incompetent. Government of Pakistan v. Tariq Hassan Farooqi, P L D 1984 (AJK) SC 47 ref. (b) Azad Jammu and Kashmir, Civil Servants Act, 1976-- ---S.5--Azad Jammu and Kashmir Service Tribunals Act, 1975, S.4-Appeal against list of seniority--Competency--Appeal by civil servant against seniority list, held, would be incompetent where such civil servant failed to file departmental appeal against such list and all the persons shown senior to him were not impleaded in appeal before Service Tribunal. (c) Azad Jammu and Kashmir, Service Tribunals Act, 1975-- ---S. 4--Azad Jammu and Kashmir, Civil Servants Act, 1976, S.5--Appeal of civil servant against seniority list--Appeal found by Service Tribunal to be incompetent because of non-observance of legal formalities--Service Tribunal however, recommended to Secretary, Education to look into the matter personally as large number of persons were to be affected by the impunged seniority list. Kh. Muhammad Saeed for Appellant. Sh. Abdul Aziz for Respondents. Date of institution: 29th March, 1986. JUDGMENT MUHAMMAD SIDDIQUE FAROOQI (CHAIRMAN).--The appellant has challenged the order of Director Education dated 17-4-1982 whereby seniority list of trained graduate teachers was required to be circulated. The appellant contends that in the impugned list, his name figures at S. No.163 and his name has been entered in the list, with reference to 11-12-1976…
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