Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)------S. 42---Civil service---Promotion---Appeal to Supreme Court---Appellant who was inducted into service in the rank of Assistant Sub-Inspector of Police, was promoted to rank of Deputy Superintendent of Police--­Respondent who was junior to appellant in service was also promoted to rank of Deputy Superintendent subsequent to promotion of appellant---Order clearly showed that promotion of respondent would simply give him only the pecuniary benefits and that he would stand junior to appellant who was promoted earlier to respondent---Such notification which was not challenged by respondent had become final---Respondent manoeuvred to get notification amended by which respondent was promoted as Deputy Superintendent of Police---Rights of appellant having been adversely affected by such amendment, he filed representation against respondent which was accepted by Government and order was set aside---Order of Government was challenged by respondent before Service Tribunal and Service Tribunal accepted appeal and set aside order passed by Government not on merits but on ground that representation filed by appellant before Government was time-barred---Evidence on record had proved that representation filed by appellant before Government was not barred by time, but was in time--­Order of Service Tribunal had been challenged by appellant before Supreme Court---Service Tribunal having not expressed any opinion on merits of case and having dismissed representation on technical ground of delay, which ground proved to be misconceived, Supreme Court remanded case to Service Tribunal to decide same afresh on merits in accordance with law. Allah Ditta and others v. Sher Ahmed and others 1993 SCR 325; Muhammad Ameen Shah v. Mehtab Din and another PLD 1996 SC (AJ&K) 11; Muhammad Yousaf v. Member, Board of Revenue and 6 others 1970 SCMR 170 and Ahsan Ali and others v. District Judge and others PLD 1969 SC 167 ref. Ashfaque Hussain Kiani, Advocate for Appellant. M. Tabassum Aftab Alvi and Sardar Rafique Mahmood Khan, Advocates for Respondent No. 1. Date of hearing: 2nd December, 1997. JUDGMENT MUHAMMAD YUNUS…

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