| Citation(s) |
|---|
| 1993 SLG 1739 1993 SLD 1739 1993 PLC 1676 |
High Court (AJ&K)
Service Appeal No. 476 of 1990, decided on 14th January, 1993.
SARDAR MUHAMMAD SAJAWAL KHAN, CHAIRMAN AND MIRZA ZAIDULLAH, MEMBER
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Service Appeal No. 476 of 1990, decided on 14th January, 1993.
SARDAR MUHAMMAD SAJAWAL KHAN, CHAIRMAN AND MIRZA ZAIDULLAH, MEMBER
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Raja MUHAMMAD FAROOQ AHMAD
VS
AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary, Muzaffarabad and 19 others
Law:
Section:
(a) Civil service--- ----Seniority---In the absence (nun-preparation) of merit list, inter se seniority in the relevant cadre was to be determined with effect from the date of civil servant's joining the service in the regular cadre. (b) Azad Jammu and Kashmir Tehsildari and Naib-Tehsildari Service Rules, 1980--- ----Seniority---Seniority of appellant would be determined with effect from the date on which for the first time he had joined the service of Naib-Tehsildar in the regular cadre of Naib-Tehsildari service. (c) Azad Jammu and Kashmir Service Tribunal Act,1975--- ----S. 4---Appeal against fixation of seniority ---Limitation---Maintainability---Locus standi to file appeal---Appellant in the earlier seniority list was shown to be senior to respondents---Such list having been subsequently changed adversely affecting appellant he was an aggrieved person, and thus, entitled to file appeal---Such appeal, however, having been filed beyond period of limitation, and no sufficient cause having been shown for such delay, he could not claim relief and his appeal was dismissed for having been filed beyond period of limitation. Sardar Rafique Mahmood for Appellant. Sardar Muhammad Sadiq, Addl. A.-G. for Respondent No. 1. Syed Nazir Hussain Shah for Respondents Nos. 4, 5, 6, 9 and 14. Farooq Hussain Kashmiri for Respondent No.11. JUDGMENT SARDAR MUHAMMAD SAJAWAL KHAN (CHAIRMAN).--This appeal is directed against the order dated 25-10-1989 of Secretary, Revenue Department by which the name of the appellant Raja Muhammad Farooq Ahmad was removed from serial No. 1 of the seniority list and he was assigned the position in that list at serial No. 19 next to the respondents Nos. 3 to 20. The appellant has impleaded Azad Government through its Chief Secretary, Secretary, Revenue Department and the respondents Nos. 3 to 20 for seeking his relief against them. 2. In the memo of his appeal, it is stated by the appellant that he had joined the service of the Revenue Department as Naib-Tehsildar on 13-5-1975 and continued as such for a period of more than ten years before he was promoted and posted as Tehsildar, Mangla Dam. A seniority list in the cadre of Naib-Tehsildars was…
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