Law:

Section:

Azad Jammu and Kashmir Civil Servants Act, 1976-------S. 8---Promotion---Co-civil servant who was promoted in B-16 had obtained at time of his initial appointment 64.26% marks as against civil servant who got 56% marks--As promotion under departmental rules could be made on basis of seniority-cum-fitness, higher percentage of marks obtained by co-civil servant might have prevailed with authority for his promotion without considering civil servant---Contention of civil servant that every eligible civil servant had a right of being considered for promotion to a post for the time being reserved under rules for departmental promotion, was not without force despite the fact that promotion under departmental rules could be made on basis of seniority-cum-fitness, in view of fact that under S. 8 of the Act all eligible persons should be considered for promotion to the next higher grade--­Service Tribunal without interfering with order according to which co-civil servant was appointed against a higher post of B-16 which order was a stopgap arrangement, recorded finding that civil servant had a right of being considered for promotion against said post alongwith other eligible civil servants---Appeal which otherwise was time-barred also was dismissed. Sardar Rafique Mahmood for Appellant. Syed Asghar Ali Shah for Respondent No. 1. Aslam Habib for Respondent No. 2. JUDGMENT RAJA BASHIR AHMAD KHAN (CHAIRMAN,).---Appellant Zaheer Ahmad Khan has preferred this appeal against the order NoV-::e0 -­39/2864-77/92, dated 31-8-1992 whereby the respondent No. 2 has been appointed as Senior Trade Instructor in B-16 against a vacant post in Automobile Vocational Institute, Kotli. 2. The case set up by the appellant in his appeal is that he was appointed as Trade Instructor Automobile on 22-8-1985 in Vocational Institute, Rawalakot. Vocational Training Institute being run under the control of the Department of Commerce and Industry. The post of Senior Trade Instructor in various departments became vacant and the impugned order was issued by the department with previous approval of the Minister of Industry and Commerce. 3. The appellant has challenged the said order on the grounds that…

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