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(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)------Ss. 42 & 47---Civil service--Appeal before Supreme Court---Bar of jurisdiction of High Court---Appellant had contended that order passed by High Court related to terms and conditions of service over which High Court had no jurisdiction and that under appeal was hit by bar of jurisdiction contained in S. 47 of Azad Jammu and Kashmir Interim Constitution Act, 1974---Said contention, though was not raised by appellant either in memorandum of appeal or in concise statement but same going to the root of case, Supreme Court permitted to raise the point for the first time in arguments---Order being violative of Constitutional bar was set aside accordingly. Azad Jammu and Kashmir Government and others v. Muhammad Younas Tahir and others 1994 CLC 2339; Sh. Manzoor Ahmad v. Azad Government and another 1995 PLC (C.S.) 59; Ch. Muhammad Latif v. Azad Government of the State of J & K and another Civil Appeal No. 52 of 1994; Muhammad Razzaq v. Alam Din and others 1998 CLC 482; Accountant-General and others v. Zaman Hussain Khan 1998 PLC (C.S.) 431; Raja Naveed Hussain Khan and others v. Qazi Khalil-ur-Rehman and others 1994 SCR 267 and Dr. Muhammad Sarwar v. Dr. Muhammad Sharif Chatter and others 1998 PLC (C.S.) 127 ref. (b) Estoppel--- ----Applicability---Estoppel would apply when one party had made a representation and other party had acted upon it. (c) Contract Act (IX of 1872)- ----S. 28---Agreement restricting a person from enforcing his right to move a Court of Law, was void. M. Tabassum Aftab Alvi, Advocate for Appellant. Sardar Rafique Mahmood Khan, Advocate and Kh. Attaullah, Additional Advocate-General for Respondents. Date of hearing: 14th October, 1998. JUDGMENT BASHARAT AHMAD SHAIKH, J.--This appeal has been filed with leave of the Court by Habibullah Gannaie, a Deputy Secretary of the Government, to challenge judgment of the High Court dated 4th March, 1998 in Writ Petition No. 142 of 1996 titled "Wajahat Rashid Beg v. Azad Jammu and Kashmir Government and 2 others" by which a learned Judge in the High Court declared that the writ petitioner Wajahat Rashid Beg is a regularly employed…

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