Case Details

Citation(s)
1992 SLG 809 1992 SLD 809 1992 PLC 421
Supreme Court of Pakistan
Civil Appeal No. 36 of 1990
SARDAR SAID MUHAMMAD KHAN, C.J., SARDAR MUHAMMAD ASHRAF KHAN AND BASHARAT AHMED SHEIKH, JJ

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Syed SAJID HUSSAIN

VS

Ch. MUHAMMAD LATIF and others AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through its Chief Secretary and another vs CH. MUHAMMAD LATIF, ADDITIONAL SECRETARY, SERIVCES AND GENERAL ADMINISTRATION DEPARTMENT, AZAD GOVERNME

Law:

Section:

(a) Civil Procedure Code (V of 1908)-- ----S.2(9)---Judgment---Judgment can always be altered or added to at any time before its pronouncement in open Court. (b) Judgment-- ----Judgment can always be altered or added to at any time before its pronouncement in open Court. (c) Azad Jammu and Kashmir Civil Servants Act, 1976-- ----S.4---Mode of appointment---Appointment to a civil post would be made in the prescribed manner by the Government, or by a person authorised by it in this behalf. (d) Civil service-- ---- Appointment to a civil service would be made in the prescribed manner by the Government, or by a person authorised by it in this behalf. (e) Azad Jammu and Kashmir Civil Servants Act 1976-- ----S.2---Word "prescribed" would mean prescribed by Rules. (f) Words and phrases--- ---- Word "prescribed" would mean prescribed by Rules. (g) Azad Jammu and Kashmir Civil Servants Act, 1976-- ----Preamble---Scheme of Azad Jammu and Kashmir Civil Servants Act, 1976 showed that promotion of a person to a post would be termed as an appointment by promotion. (h) Civil service-- ---- Promotion of a person to a post would be termed as an appointment by promotion. (i) Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977-- --R.3---Mode of appointment---Appointment to a post would he made by promotion, transfer or initial recruitment---Word "shall" as used in R.3(2), Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977, signified that procedure laid down in the Rules would have to be followed for appointment by promotion. (V) Words and phrases-- ---- Word "shall" used with reference to procedure for appointment or promotion, would signify that procedure prescribed in relevant rules had to be followed for appointment by promotion. (k) Civil service-- ---- Appointment by promotion---Word "shall" as used in procedure prescribed in rules for appointment by promotion would signify that such procedure had to be followed for appointment by promotion. (l) Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977-- ----R.2---Word "post"---Meaning---Word "post" would mean a "post"…
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