| Citation(s) |
|---|
| 1989 SLG 1405 1989 SLD 1405 1989 PLC 561 |
Supreme Court (AJ&K)
Civil Appeals Nos. 22 to 24 of 1988, decided on 16th May, 1989.
BASHARAT AHMAD SHAIKH, .J
Rafrque Mahmood, Advocate for
Respondent No. 3 (in Civil Appeal No. 22 to 24 of 1986). Abdul Rashid Abbasi, Advocate for
Respondents Nos. 4 and 5 (in Civil Appeal No. 22 to 24 of 1986). Abdul Rashid Abbasi, Advocate for Appellants (in Civil Appeal No. 2
Civil Appeals Nos. 22 to 24 of 1988, decided on 16th May, 1989.
BASHARAT AHMAD SHAIKH, .J
Rafrque Mahmood, Advocate for
Respondent No. 3 (in Civil Appeal No. 22 to 24 of 1986). Abdul Rashid Abbasi, Advocate for
Respondents Nos. 4 and 5 (in Civil Appeal No. 22 to 24 of 1986). Abdul Rashid Abbasi, Advocate for Appellants (in Civil Appeal No. 2
Raja MUHAMMAD ASHRAF KAYANI
VS
THE AZAD JAMMU AND KASHMIR GOVERNMENT and 4 others
Law:
Section:
(On appeal from the of the Service Tribunal dated lb-ltl-1985 in Appeal No. 167 of 1981) (a) Azad Jammu and Kashmir Service Tribunals Act. 1975- ---S.4--Appeal--Maintainability--Memo of appeal filed by the appellant although not properly drafted yet indirectly it could safely be interpreted to mean that appellant not only intended to assail the order passed on his review petition but he did assail the said order by necessary implications--Clumsy drafting of 1hc pleadings or a memo. of appeal should not stand in the way of the Court to administer justice or to deny relief to an aggrieved person to which he was otherwise entitled. Kh. Bashir Ahmed v. Azad Government, F.A. Tahir v. Azad Government and others decided on 8-11-1988 and Azad Government v. Mujahid Hussair. Naqvi decided on 27-3-1983 ref. (b) Azad Jammu and Kashmir Courts and Laws Code Act, 1949-- -----S. 30(2)--Kashmir Civil Service Rules, R. 24--Civil servant's seniority-----Factors determining seniority in the two laws are totally at variance with each other and mutually destructives' thus cannot stand together. (c) Kashmir Civil Service Rules-- ---R. 24--Scope and application of R. 24. (d) Azad Jammu and Kashmir Courts and Laws Code Act, 1949----- ---S. 30(2)--Judicial Officer--Determination of seniority--Powers of High Court and Government--Preparation of seniority list of Judicial Officers cannot be termed as without jurisdiction. Section 30(2) of the Azad Jammu and Kashmir Courts and Laws Code Act, 1949 in clear terms means that determination of seniority by the High Court would assume legal character only if it carries on it the seal of the Government but it is wrong to say that the Government is the final authority in the matter. It is a wrong impression that High Court is a recommendatory body. The power of determining seniority is vested in the High Court and the Government together and their joint efforts culminate in the final determination. In fact the scale seems to tilt in favour of the High Court when the law provides that the "High Court shall with the approval of the Government determine the seniority of Judicial Officer,,. "There is a weighty reason for this inference in the fact…
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