Law:

Section:

Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rule, 1977-----R. 17---Azad Jammu and Kashmir Kanungo Services Rules, 1979, Rr.4, 5 & 6---Promotion---Civil servant who was working as Patwari, was promoted as Girdawar against post of direct quota on direction of Prime Minister---After about one month of such promotion, Prime Minister withdrew his order of promotion and instead directed that co-civil servant be appointed as Girdawar and direction of Prime Minister was complied with by Authority concerned and that order of reversion was challenged by civil servant---Promotion of civil servant having itself been made in clear violation of rules on the subject as it was not made by appropriate committee or Board on basis of examination or test, if such promotion subsequently was cancelled, civil servant had no right to approach a Court of law where matters were to be judged purely in accordance with provisions of rules on the subject---Even otherwise order canceling promotion of civil servant could not have been challenged by civil servant as Authority had cancelled his promotion within a period of only less than two months whereas civil servant had to remain on probation for two years and order canceling promotion could be passed by competent authority before expiry of probationary period---Civil servant not being aggrieved person, could not challenge order canceling his promotion. Syed Nazir Hussain Shah Kazmi for Appellant. Zafar Sultan Kayani for Respondents Nos.l to 3. Sardar Rafique Mahmood for Respondent No.4. JUDGMENT RAJA BASHIR AHMAD KHAN (CHAIRMAN).---This is an appeal against the order of Commissioner Settlement, dated 27-5-1993 whereby appeal filed by present appellant . Muhammad Farooq son of Said Hussain against the order of Settlement Officer, District Poonch, dated 31-10-1990 was dismissed. 2. Briefly stated the facts ark that appellant who was an approved candidate Girdawar was working as Patwari in Settlement Organization. His brother submitted an application to the then Prime Minister who was pleased to direct on 16-8-1990: The appellant, in pursuance of the directions of the Prime Minister was appointed as…

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