Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------S. 47---Civil servant---Termination of services---Services of civil servant were terminated by Appointing Authority without any notice and disclosing any reason for termination except that cabinet had taken decision of termination of his service alongwith others---Validity---Person appointed to Government service, could not be removed except in accordance with law--­No Authority, including Cabinet, could pass an order of termination arbitrarily without valid reason or without having recourse to legal procedure---Termination of civil servant being not in accordance with law, High Court had rightly set aside such order. (b) Azad Jammu and Kashmir Civil Servants (Terms and Condonations of Service) Rules. 1977--- ----S. 17---Azad Jammu and Kashmir Interim Constitution Act (VIII of 197x1), S.47---Civil service---Appointment---Validity---Civil servant was appointed on recommendation of Selection Committee, and post was not advertised and no test or interview was held before appointment---Validity---Rule 17 of Azad Jammu and Kashmir Civil Servants (Terms and Conditions of Service) Rules, 1977 required that all posts in Grade-1 and above had to be advertised in newspapers before making appointments---Post of civil servant having not been advertised, recommendations of Selection Committee was of no consequence and appointment of civil servant was illegal. Raja Abdul Razzaq v. Dil Khuram Abbasi and others Civil Appeal No. 36 of 1999 ref. Sardar Rafique Mahmood Khan, Advocate for Appellant. Syed Nazir Hussain Shah Kazmi, Advocate for Respondent No. l Date of hearing: 7th April, 1999. JUDGMENT BASHARAT AHMAD SHAIKH, J.---This appeal arises out of a judgment of the High Court whereby a writ petition filed by respondent Gul Afsar was accepted and he was restored to service as a Coolie in the Public Works Department (Highways) in place of appellant Rashid Hussain who had been appointed after the removal of Gul Afsar. Rashid Hussain has now filed this appeal with leave of the Court. 2. Executive Engineer P.W.D. Roads Division Muzaffarabad appointed respondent Gul Afsar as Coolie in B.P.S.1 on 20th May,…

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