Law:

Section:

(a) Azad Jammu and Kashmir Animal Husbandry Department Establishment Service Rules, 1992-------Entry No. 2-A---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 47---Civil service---Promotion---Validity---Post of Planning Officer in B-17 in the Department held by respondent was upgraded and he was promoted to that post---Appellant who was also working in B-17 in same Department challenged said promotion before Service Tribunal where his appeal was dismissed on ground that he belonging to a different cadre, had no locus standi to challenge the promotion---Validity---Promotion of respondent was made under Entry No.2-A of Azad Jammu and Kashmir, Animal Husbandry Department Establishment Service Rules, 1992 which had provided that if Planning Officer/Statistical Officer B-17 had five years' service at his credit, had the right to be promoted to post of, Deputy Director---Respondent who had the required five years' service to his credit and was fully qualified to be promoted to the post, had rightly been promoted to that post and appellant who not only belonged to a different cadre, but also was not qualified to the post, was rightly not considered for promotion. Mubashar-ul-Haq v. Azad Government of the State of Jammu and Kashmir and 2 others 1991 PLC (C.S) 426 and Muhammad Rashid Chaudhry v. Chairman, AKLASC and others 1993 PLC (C.S.) 1201 ref. (b) Azad Jammu and Kashmir Animal Husbandry Department Establishment Service Rules, 1992--- ----Entry No. 2-A---Azad Jammu and Kashmir Service Tribunal Act (XXII of 1975) S.4---Civil service---Service Rules---Judicial scrutiny---Jurisdiction of Service Tribunal---Service Rules were not sacrosanct and could be judicially scrutinized ---Vires of a law could be challenged before Service Tribunal--­Order about terms and conditions of civil servant could be vacated by ignoring or striking down a law if it was found to be invalid by Service Tribunal. Ghiasul Haq and others v. Azad Government of the State of Jammu and Kashmir and others PLD 1980 SC (AJ&K) 5 ref. Khawaja Iftikhar Ahmad for Appellant. Raja Shiraz Kayani, Advocate-General for Respondents Nos. l and 2. Raja Muhammad Hanif Khan for Respondent No.4.…

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