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Civil Servants (Appointment, Promotion and Transfer) Rules, 1973R. 3(2) [as adopted in Azad Jammu and Kashmir] Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44Constitutional petitionCivil servantPromotionDepartmental examinationEarlier conditions for promotion not repeated in subsequent notification Effect­Notification, dated 2nd May, 1994 issued by Azad Jammu and Kashmir Council Secretariat would make it clear that all incumbents in BPS14 would be eligible for further promotion, if they have got five years' service to their credit and passed Departmental ExaminationEarlier conditions laid down by Azad Kashmir Government under Order No. 193/62, dated April 5, 1962 were not repeated in subsequent notification, therefore, now it was not condition precedent for further promotion for Inspector in BPS14 to obtain at least 50 per cent. marks in Departmental ExaminationSubsequent Notification, dated 2nd May, 1994 must be followed for it had superseded previous order of Government, dated 5th April, 1962Petitioner having passed in each individual paper but having not secured 50 per cent. or more marks in aggregate was declared to have not qualified Departmental ExaminationRemarks shown in result sheet of petitioner "did not qualify" being derogatory in terms of subsequent notification were declared to be without lawful authority and of no legaleffect Petitioner was deemed to be qualified by prescribed standard and eligible to be considered for further promotion. ORDER The petitioner has invoked the Constitutional jurisdiction of this Court under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974 in the background of the following facts. He was inducted in the Excise Department as SubInspector in the year, 1971. On the recommendation of the Departmental Selection Committee, the petitioner was promoted as Inspector Incometax on April 20, 1993. In this capacity, the petitioner appeared in the 22nd Departmental Examination held in December, 1995 under Roll No. 1/14 and secured 334 out of 700 marks. He secured the required percentage prescribed for each paper but as he had not obtained 50 per cent. or more marks, therefore, in the…

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