Case Details

Citation(s)
1994 SLG 339 1994 SLD 339 1994 PLC 606
Service Tribunal (AJ&K)
Service. Appeal No. 521 of 1990, decision dated: 26-12-1993
RAJA BASHIR AHMAD KHAN, CHAIRMAN AND KH. ABDUL HAMID MEMBER

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Malik RIAZ AHMAD

VS

AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Chief Secretary and 12 others

Law:

Section:

(a) And Jammu and Kashmir Civil Servants (Appeal) Rules, 1991R. 4ReviewMaintainabilityNotification issued under executive authority of Government could only to be reviewed by Government under R.4 of Rules, 1991No review was maintainable against such Notification before Secretary to the Government. (b) Civil service AppealMaintainabilityEmployee having failed to first exhaust his right of seeking his remedy from Government by way of review application, appeal filed by him before Tribunal was not maintainable. JUDGMENT RAJA BASHIR AHMAD KHAN (CHAIRMAN): Malik Riaz Ahmad appellant has preferred this appeal against Notification No. P(1)139/ seen meem/91637/84, dated 2541984 and Order No. seen meem /4741/90, dated 3091990 issued by Revenue Secretariat. 2. Briefly stated the facts are that the appellant was appointed as Naib-Tehsildar against the quota reserved for subordinate service in 1984 and was promoted to the post of Tehsildar on 131985 on the recommendations of Selection Board against the quota of ministerial service. The -Respondents Nos.3 to 13 were given temporary promotions against the posts of direct quota in violation of the Azad Jammu and Kashmir Tehsildars and NaibTehsildars Appointments and Promotions Rules, 1980 which provide that 50% vacancies shall be filled by initial recruitment on the basis of quota system fixed by the Government. -Respondents Nos. 3 to 7 have further been promoted as Extra Assistant Commissioners in Scale B17. The appointments and…
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