Law:

Section:

(a) Civil service-- --- Mala fides---Promotions and transfers---Orders of promotions and transfers in violation of existing rules issued at last leg of tenure of Government, would be generally construed as mala fide.--[Mala fides]. (b) Azad Jammu and Kashmir Service Regulations--- ---Vol. II, R. 1(vii)---Fundamental Rules (Supplementary), R. 2(18)---Words "transfer" and "promotion"- Meaning, scope and import of. Transfer means the movement of a Government servant from one headquarter station in which he is employed to another such station, either to take up the duties of a new post, or in consequence of a change of his headquarters. Ordinarily, transfer of a civil servant or an employee is made from one post or assignment to another post of equal status, admitting same status, benefits, facilities and exercise of powers. Transfer, when does not involve any reduction in rank or pay or power, is termed as a routine transfer of a civil servant. When a transfer involves reduction in rank or pay or power, it is construed as demotion or reversion. Vice versa, when a transfer involves elevation in rank or pay or powers in addition to allied benefits and facilities, it cannot be construed a transfer to an equivalent rank or position but an implied promotion. The term "promotion" used in context of civil officers or employees is construed as such when an officer or employee is upgraded or elevated with an increase in salary, benefits and facilities attached to the post or exercise of powers in that capacity. In case of a regular promotion, all the aforesaid privileges are accompanied to an order of promotion. However, in exceptional cases where promotion is temporary or irregular or subject to fulfilment of some conditions or qualifications, it is a promotion in intrinsic sense, though of ad hoc nature. It is undenied that transfers of civil officers or employees and their promotions are regulated by statutory provisions applicable to civil servants of the State. It is the prerogative or power of the public authority or the Government to transfer civil servants from one post to another and from one place to another as it may consider suitable and conducive to the civil…

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