Law:

Section:

(On appeal from the of the High Court dated 29-3-1992 in Writ Petition No. 32 of 1991). (a) Azad Jammu and Kashmir Cooperative Bank Ltd. (Staff) Service Rules, 1984--- -----R. 8---Cooperative Societies Act (VII of 1925), S. 71 [as applicable to Azad Jammu and Kashmir]---Cooperative Societies Rules, 1927, R. 55 [as applicable to Azad Jammu and Kashmir] ---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Promotion of respondent in preference to appellants, challenged in Constitutional jurisdiction ---Azad Jammu and Kashmir Cooperative Bank Ltd. (Staff) Service Rules, 1984, whether statutory rules creating right in favour of appellants which could be enforced by invoking Constitutional jurisdiction---Power of framing rules regarding terms and conditions of service of employees of Cooperative Society or a Bank was delegated to the Committee or the Board by virtue of R.55, Cooperative Societies Rules, 1927---Cooperative Societies Rules, 1927 were substituted by the Board as a delegated of powers under R.55, Cooperative Societies Rules, 1927 coupled with S.71, Cooperative Societies Act, 1925--­Azad Jammu and Kashmir Cooperative Bank Ltd. (Staff) Service Rules, 1984 having been framed in pursuance of powers which vested in the Government and were delegated to the Board, would be deemed to be the statutory rules---High Court under S. 44, Azad Jammu and Kashmir Interim Constitution Act, 1974, on the application of aggrieved person, could declare any act done by a person acting in connection with the affairs of the State or a Local Authority as without lawful authority and of no legal effect if that act was shown to be in violation of law---Promotion of respondent in preference to appellants being in violation of provisions of Azad Jammu and Kashmir Cooperative Bank Ltd. (Staff) Service Rules, 1984 was quashed. Mrs. M.N. Arshad v. Miss Naeema Khan PLD 1990 SC 612; The State v. Zia-ur-Rahman PLD 1973 SC 49; Noori Trading Corporation (Pvt.) Ltd. v. Federation of Pakistan PLD 1.989 Quetta 74; Abdul Kabir Qureshi v. The Accountant-General, Azad Jammu and Kashmir PLD 1986 Azad J&K 239; Miss Nishat Saeed v. Chairman, Nomination Board, Azad Jammu and…

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