Law:

Section:

Azad Jammu and Kashmir Civil Servants Act, 1976--- ----S. 8---Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977, Rr. 8 & 10---Promotion--Government had full authority to upgrade any post which it deemed proper in given set of circumstances---Service Tribunal could not sit as a supervisory body to interfere with authority of Government to upgrade any civil servant especially when Notification in that respect would not in any way affect terms and conditions of service of any co-civil servant. 1991 PLC (C.S.) 128; PLD.1991 SC 1118 and Mubashrul Haq v. Azad Government 1991 PLC (C.S.) 426 ref. JUDGMENT RAJA BASHIR AHMAD KHAN (CHAIRMAN).---By way of this appeal the appellant Dr. Nazir Ahmed Khan has assailed Notification No.AdmiWH-1-(66)/Section II/94, dated 22-8-1994 whereby respondent No. 2 Syed Ibrar Ali Shah, Medical Specialist B-18 was appointed in his own pay and scale on purely temporary basis against the upgraded post of Medical Specialist in B-19. . 2. Brief fact's leading to this appeal are that the appellant joined service as Medical Officer B-17 on 7-2-1980 and was approved by the Public Service Commission on 18-4-1981. He was appointed/promoted in Grade B-18 vide Notification dated 14-3-1985 in view of his Specialisation as DCH. The respondent No. 2.was appointed as Medical Officer in Grade B-17 on 7-1-1986. He was promoted in Grade B-18 on 19-10-1991. The respondent-Government upgraded the post of Medical Specialist to Grade B-19 and the respondent No.2 was appointed against the upgraded post through the impugned Notification. The appellant was senior to respondent No. 2 as Medical Officer and as a promotee in Grade B-18. The appellant filed a review petition before the Government. The review application remained undecided and after waiting for statutory period of ninety days the appellant has preferred the appeal before this Tribunal. The appellant has challenged the said Notification as being void ab initio consisting of malice and having been passed against the universally accepted principle of "audi alteram partem" and also discriminatory in nature. ' 3. The respondents have filed written objections. They…

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