| Citation(s) |
|---|
| 1994 SLG 612 1994 SLD 612 1994 PLC 245 |
Service Tribunal (AJ&K)
Service Appeals Nos. 489 and 505 of 1990, decision dated: 16-09-1992.
SARDAR MUHAMMAD SAJAWAL KHAN, CHAIRMAN AND KHAWAJA ABDUL HAMEED, MEMBER
Syed Nazir Hussain Shah Kazami for Appellant (in Appeal No. 489 of 1990), Kh. Abdus Samad for
Respondents (in Appeal No. 489 of 1990). Sardar Rafique Mahmood for Appellant (in Appeal No. 505 of 1990). Kh. Abdus Samad for
Respondents Nos. 3 and 4 (in
Service Appeals Nos. 489 and 505 of 1990, decision dated: 16-09-1992.
SARDAR MUHAMMAD SAJAWAL KHAN, CHAIRMAN AND KHAWAJA ABDUL HAMEED, MEMBER
Syed Nazir Hussain Shah Kazami for Appellant (in Appeal No. 489 of 1990), Kh. Abdus Samad for
Respondents (in Appeal No. 489 of 1990). Sardar Rafique Mahmood for Appellant (in Appeal No. 505 of 1990). Kh. Abdus Samad for
Respondents Nos. 3 and 4 (in
MUHAMMAD MUSHTAQ KHAN and another
VS
AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Secretary, Revenue Department and others
Law:
Section:
(a) Azad Jammu and Kashmir Civil Servants (Appeal) Rules, 1982R. 8(2)Appellate order of Departmental AuthorityRemedyNo appeal was competent before Prime Minister against appellate order of Departmental AuthorityRemedy in the form of representation was, however, available to aggrieved persons against such orderAppeal brought before Prime Minister could be treated as representation and an order passed by Prime Minister thereon, would not be ab initio void order. (b) Azad Jammu and Kashmir Tehsildari and NaibTehsildari Rules, 1980 R.9Post of NaibTehsildar through selection or promotionMethod of appointmentRespondents' promotion as NaibTehsildarObjection to such promotionValidityPost of NaibTehsildar was required to be filled up by selection on merits and not otherwiseRespondents fulfilling requisite qualifications were appointed as NaibTehsildars and their promotion was in accordance with rules of procedureAppellant civil servants based their claim merely on seniority which was not the requisite qualification; merit was in fact the only qualificationRespondents' possessing. requisite merit were thus, validly appointed to the post in question. (c) Azad Jammu and Kashmir Tehsildari and NaibTeshsildari Rules, 1980 R. 9Azad Jammu and Kashmir Service Tribunal Act, 1975, S.4Respondents' promotion as NaibTehsildarOrder of annulment of such promotion by Secretary, Revenue on appeal by appellant civil servants was not supported by the provisions of Azad Jammu and Kashmir Tehsildari and NaibTehsildari Rules, 1980Prime Minister's order restoring respondents' promotion on their representation did not suffer from legal and jurisdictional defectAppeal against such order was not competent in circumstances. Syed Nazir Hussain Shah Kazami for Appellant (in Appeal No. 489 of 1990), Kh. Abdus Samad for Respondents (in Appeal No. 489 of 1990). Sardar Rafique Mahmood for Appellant (in Appeal No. 505 of 1990). Kh. Abdus Samad for Respondents Nos. 3 and 4 (in Appeal No. 505 of 1990), JUDGMENT SARDAR MUHAMMAD SAJAWAL KHAN (CHAIRMAN).The abovenoted two appeals are directed against the Government Order No.SM/180515/90, dated 841990 by which on appeal by the respondents Muhammad Nazir and…
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