Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Ss. 47 & 44---Azad Jammu and Kashmir Service Tribunal Act, 1975, S. 4--­Promotion---Matter relating to terms and conditions of service ---Jurisdiction--­Civil servant seeking direction of High Court through Constitutional petition for inclusion of his name for consideration of Selection Board for his promotion---High Court has got no jurisdiction in exercise of its Constitutional powers in service matters where terms and conditions of service were involved---Where any civil servant who was eligible to be considered for promotion by Selection Board, if ignored, was entitled to seek remedy firstly, before Competent Authority and if his grievance was not remedied, then he could invoke appellate jurisdiction of Service Tribunal--­Right of promotion was not a vested right of civil servant---Where, however, civil servant was eligible under law for promotion, his case must be considered alongwith other eligible candidates---High Court in terms of S. 47, Azad Jammu and Kashmir Interim Constitution Act, 1974, was debarred to adjudicate upon matters relating to terms and conditions of service of contesting parties---Constitutional petition was not maintainable in circumstances. Azad Jammu and Kashmir Government v. Zaman Ali Shah PLD 1991 SC (AJ&K) 57 and Accountant-General v. Zaman Hussain Khan 1993 SCR 259 ref. Sardar Rafique Mahmood Khan for Petitioner. Ghulam Mustafa Mughal for Non-Petitioners. ORDER This petition is addressed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974. 2. The facts as claimed in the petition briefly stated are that the petitioner was inducted into service of Azad Jammu and Kashmir Printing Press as Proof Reader on 7th October, 1964 in Grade-9, whereas non­-petitioner No. 3 was inducted into the service of the same department on 1st February, 1972 in Grade-5. The petitioner obtained Grade-11 earlier than the contesting non-petitioner who obtained Grade-11 on 8th December, 1986. In the year 1984, under section 23 of Civil Servants Act, 1976, the Azad Government framed Rules termed as the Azad Jammu and Kashmir Industries and Minerals…

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