Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--------S. 44---Azad Jammu and Kashmir Rules of Business, 1975--­Constitutional petition ---Maintainability---Question of terms and conditions of service of civil servant---Chief Secretary, and Secretary Services and General Administration were bound under Azad Jammu and Kashmir Government Rules of Business, 1975 to implement order of Prime Minister, who was Competent Authority in the case, but such functionaries neither implemented order of Competent Authority nor re-submitted case for reconsideration by Competent Authority---High Court, in circumstances, had rightly issued direction to functionaries of State to act according to law as provided under Azad Jammu and Kashmir Government Rules of Business, 1975---High Court by issuing such direction had not decided rights of civil servants itself, but had directed functionary of State to act in accordance with law and to decide terms and conditions of service---Jurisdiction of High Court, thus, was not ousted as claimed by appellants. Maj. (Retd.) Muhammad Aftab Ahmad v. Azad Government 1992 SCMR 307 and S.H.M. Rizvi v. Maqsood Ahmed PLD 1981 SC 612 ref. Raja Muhammad Hanif Khan, Advocate for Appellants. Kh. Shahad Ahmad, Advocate for Respondent No. 1. Date of hearing: 7th November, 1995. JUDGMENT BASHARAT AHMAD SHAIKH, J.---This is an appeal filed by four civil servants who are working in the Tourism Department of the Government to challenge the order passed by the High Court on 6th of June 1995 by which a writ petition filed by Shaukat Jan Bauch, the respondent before this Court was accepted and the Chief Secretary and Secretary Services and General Administration of the Government, who are shown as proforma respondents in the appeal, were directed to execute, in accordance with Rules of Business two orders, passed by the Prime Minister of Azad Jammu and Kashmir in favour of respondent Shaukat Jan Bauch. The appellants were not party before the High Court but were granted leave to appeal because they pleaded that their service rights had been adversely affected by the judgment of the High Court passed in their absence. In short, the plea of the…

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