Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------S. 47---Azad Jammu and Kashmir Service Tribunal Act (XXII of 1975), S.4---Jurisdiction of Service Tribunal---Service Tribunal established under S.47 of Azad Jammu and Kashmir Interim Constitution Act, 1974, would have exclusive jurisdiction in respect of matters relating to terms and conditions of persons who were or have been in service of Azad Jammu and Kashmir and no other Court would grant an injunction, make any order or entertain any proceedings in respect of any matter to which jurisdiction of Service Tribunal extended---Provisions of S. 47 of Azad Jammu and Kashmir Interim Constitution Act, 1974 were unambiguous and it had completely ousted jurisdiction of all Courts, including High Court and Supreme Court, but said ouster would be applicable only to those matters over which Service Tribunal had jurisdiction. (b) Azad Jammu and Kashmir Service Tribunal Act (XXII of 1975)--- ----S. 4---Appeal before Service Tribunal---Competency---Aggrieved civil servant could approach Service Tribunal only by filing appeal against a final order passed by a Departmental Authority---If a final order had not been passed by Departmental Authority, appeal would not lie to Service Tribunal in matters relating to terms and conditions of service---Service Tribunal could not exercise jurisdiction when a final order had not been passed and neither the Tribunal would exercise jurisdiction to issue a declaration simpliciter or to issue a direction otherwise than on appeal. (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Ss. 42 & 47---Azad Jammu and Kashmir Service Tribunal Act (XXII of 1975), S. 4---Jurisdiction of High Court in service matters---Principles---If a final order had been passed by Departmental Authority, High Court had no jurisdiction to entertain any proceedings in respect of such order---If High Court would exercise jurisdiction and entertain proceedings in that matter, it would be travelling beyond its jurisdiction, but an inflexible rule could not be laid down on question of jurisdiction of High Court and each case should be decided in light of its own…

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