Law:

Section:

Azad Jammu and Kashmir Civil Servants Act, 1976--- ----S. 23---Azad Jammu and Kashmir (Police Service) (Composition and Cadre) Rules, 1983---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Ss. 44 & 47---Azad Jammu and Kashmir Service Tribunals Act, 1975, S. 4---Amendment in Service Rules---Proper forum to challenge--­ Amendment in R. 4, Azad Jammu and Kashmir (Police Service) (Composition and Cadre) Rules, 1983 providing therein proportional promotion to the post of S.P. from the post of P.D.S.Ps. and D.S.Ps---Amendment in R. 4 challenged---Amendment in any rule having implication of affecting terms and conditions of civil servants immediately or in future, would definitely affect interests of a civil servant---Such rule having the implication in question, however, was not challengeable and could not be struck down by High Court simply on the ground that same was not an order by Departmental Authority to be challenged before Service Tribunal---Any order whether passed under a law or rule was a mandate of law by Authority vested with the power or having such an effect by operation of law or rule itself; thus, challengeable in the similar manner and before the same forum as provided by law applicable to that class of person---Constitutionality legality and vires of a law or rule could be competently adjudicated by Service Tribunal, if it had effect of adversely affecting terms and conditions of a civil servant---Service Tribunal was competent to strike down such a law which affected fundamental rights of a civil servant---Jurisdiction of High Court was thus, excluded in circumstances. T.A. Sharwani and others v. Government of Pakistan and others 1991 SCMR 1041; Ghiasul Haq and others v. Azad Government and others PLD 1980 SC (AJ&K) 5; Falk Sher Khan and another v. Mukhtar Ahmed and others PLD 1989 SC 262 and AIR 1962 Raj. 35 rel. AIR 1962 Raj. 35, ref. Sardar Rafique Mehmood Khan for Petitioners. Sh. Abdul Aziz, A.G. anti Ghulam Mustafa Mughal for Respondents. ORDER The above captioned writ petitions call in question the vires of the Notification No. HOME/P/2/43/91, dated 14-10-1992, whereby an amendment in the AJ&K Police Service…

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