Law:

Section:

(a) Azad Jammu and Kashmir Civil Servants Act, 1976------S. 6(5)---Civil service---Entitlement of retired civil servant to benefit accruing from service---Civil servant was promoted by Competent Authority at a time when he was already retired---Right of promotion of civil servant having accrued to him during his service, that right could not be denied to him after retirement from service---Civil servant, even though retired, was entitled to benefits accruing to him from service under S.6(5) of Azad Jammu and Kashmir Civil Servants Act, 1976 provided said benefits accrued to him during his service. (b) Civil service--- ---- Powers of Government functionaries---Any officer subordinate to Government, had no authority or power to undo order of Government at his discretion or whims. Syed Nazir Hussain Shah for Petitioner. Addl. A.-G. for Respondents. ORDER The petitioner seeks a direction to the respondents to fix his pay and pension in view of Government Notification No.2516-24/98, dated 4-12-1998 issued from the Food Secretariat of the Azad Kashmir Government. 2. The facts giving rise to the filing of this petition are that petitioner was serving in the Food Department of the Azad Kashmir Government as food grains inspector in B-8 when he was retired from service. A case regarding is service was pending in the High Court when he retired which was decided on 20-10-1990 and upheld by the Supreme Court on 20-10-1991 in consequence of which he was promoted as District Food Controller in B-16 on 25-1-1992 with effect from 25-9-1980. According to the petitioner he, thus, became senior to other district food controllers. According to him, when his case was pending in the Supreme Court one Khawaja Muhammad Tariq was promoted as deputy director foods in B-18 on 4-3-1991. The petitioner filed a review petition against the promotion of Khawaja Muhammad Tariq. The Government accepted the review petition on 14-5-1998, in consequence of which the Government order was issued on 4-12-1998, whereby an additional post of deputy director food in B-18 was created for the period of 47 days with effect from 4-3-1991 to 20-4-1991 and petitioner was promoted on the newly created post…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492