Law:

Section:

Azad Jammu and Kashmir Civil Servants Act, 1976S. 7Azad Jammu and Kashmir Appointment and Conditions of Service Rules, 1977, R.8Kashmir Service Rules, Vol. 11, R.24Seniority­Determination ofAppointment of employee which initially was made on 2771975, was confirmed and regularised on 2751980, whereas appointments of coemployees were made prior to employee on 621974, but they were confirmed on 1651983Employee claimed seniority over coemployees on the ground that his service was confirmed and regularised prior to co-­employees after he had successfully passed prescribed test and interview whereas services of coemployees were confirmed at a belated stage­Employee claimed seniority on basis of provisions of Azad Jammu and Kashmir Civil Servants Act, 1976 and Azad Jammu and Kashmir Appointment and Conditions of Service Rules, 1977 according to which seniority of employee was to be determined from the date of regular appointment in the DepartmentClaim of employee was denied by Authority contending that provisions of Act, 1976 and Rules, 1977 were not applicable to case of employee as at the time of his appointment said Act and Rules were not in force and were promulgated long after his appointmentContesting co­-employees contended that parties having entered in service before enactment of Act, 1976 and Rules, 1977, rule of seniority applicable in their case would be one which had been provided by Kashmir Service Rules which were in existence at the time of their entry in service and promotionRule 24 of Kashmir Service Rules, Vol. II had provided that inter se seniority of contesting parties would have to be determined with effect from date of their entry in service and not from date of their confirmationServices of co-­employees though were confirmed and regularised long after confirmation of employee, but initial appointment, of, coemployees was prior to employee­Inter se seniority of parties, in circumstances, would have to be determined in accordance with rule of seniority provided in Kashmir Service Rules, although it did not exist on Statute book, but existed at relevant time of appointment of parties Coemployees having entered in service prior to employee, claim…

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