Law:

Section:

(a) Azad Jammu and Kashmir Civil Servants Act (VI of 1976)--- ---Ss. 3 & 8--Azad Jammu and Kashmir (Appointment and Conditions of Service) Rules, 1977--Promotion--Post of Secretary to Government--Promotion from one post to another should be by selection on merits with due regard to seniority-­Words "merit" and "with due regard to seniority"--Connotation--Word "merit" does not mean good service record only but it also includes experience, qualifications and suitability for the post or service to which promotion is made-­Words `with due regard to seniority' imply that while emphasis is to be placed on good service record qualifications and aptitude for the higher post, the Officer's relative seniority in cadre from which promotion is being made should be given due weight--Word is also of immense importance that while making promotion of a person against a selection post or non-selection post, the appointing authority must determine suitability of a person after assessment of all relevant considerations such as seniority, competence, rectitude and antecedent official record. (b) Azad Jammu and Kashmir Civil Servants Act (VI of 1976)--- ---Ss. 3 & 8---Azad Jammu and Kashmir (Appointment and Conditions of Service) Rules, 1977--Promotion--Selection on merit--Every administrative unit must have its own rules of service so that persons falling in one line of promotion or cadre could get an equal opportunity of being considered for promotion to a next higher post--If there are no departmental rules, there can be no selection on merits. (c) Azad Jammu and Kashmir Civil Servants Act (VI of 1976)--- ---Ss. 3 & 8---Azad Jammu and Kashmir (Appointment and Conditions of Service) Rules, 1977---Promotion---Post of Secretary to Government---Appellant a Grade-19 Officer posted as Additional Secretary, challenging promotion of respondent as Secretary to Government (Grade-20)---Appellant had higher academic qualification, he was senior to respondent and having long office experience and because of his earlier entry in Grade-19, he also held senior position to respondent promotee who was placed in that grade seven years after entry of appellant and, being a member of…

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