Law:

Section:

(a) Azad Jammu and Kashmir Civil Servants Act, 1976--- ----S. 8---Selection post---Basis of selection---While filling up a selection post, seniority would not be the basic rule for granting promotion to that post--­Words "with due regard to seniority"---Implication. Provisions of S. Fs. Azad Jammu and Kashmir Civil Servants Act, 1976, makes it clear that in the case of a selection post, it would be filled up on the basis of selection on merits and in the case of a non-selection post on the basis of seniority-cum-fitness. While filling up a selection post, seniority was not the basic rule for granting promotion to that post. It was for the Selection Board to determine suitability after an assessment of all relevant considerations, such as seniority, competence, rectitude and antecedent of official record, none of which is less important than the other for the preservation of purity and efficiency in public service. The basic principle or governing consideration in all promotions was merit or suitability. Seniority was in the substance one of the elements in the assessment of merit. Merit does not mean good service record only. It includes experience, qualification and suitability for the post or service to which promotion was made. But under all circumstances, if a promotion was granted by selection on merits then it was to be made with due regard to seniority. The words "with due regard to seniority" imply that while emphasis was to be placed on good service record, qualifications and aptitude for higher posts, the officer's relative seniority in the cadre from which promotion was made would be given due weight, the greater, the disparity in seniority the greater should be the junior officers' superiority in merit. (b) Civil servant--- Promotion---Promotion was although not a vested right of civil servant, yet same was an important part of the terms and conditions of service of civil servant breach whereof, would give him a right to be considered for promotion provided he had a legal remedy in law. (c) Azad Jammu and Kashmir Service Tribunal Act, 1975--- ----S. 4---Promotion---Entitlement to be considered for promotion---Promotion being an important part of…

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