Law:

Section:

(a) Azad Jammu and Kashmir Civil Servants Act, 1976-- ----Preamble---Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977, Rr. 16 & 23---Azad Jammu and Kashmir Public Service Commission (Function) Rules, 1978, Rr. 6 & 7---Scheme of initial recruitment to a civil post---Exemption of posts for recruitment of which no examination or test to be conducted by Public Service Commission---Initial recruitment of posts in Grade-16 and above, except those which under Azad Jammu and Kashmir Public Service Commission (Function) Rules, 1978 did not fall within purview of the Commission and which were specified to be filled without reference to Public Service Commission were to be made on basis of examination and test conducted by the Commission. The provisions of the Civil Servants Act do not lay down the scheme of initial recruitment to a civil post. The relevant provisions are made in the Civil Servants- (Appointment and Conditions of Service) Rules (hereinafter to be referred as the Service Rules). The Public Servants Act, again, does not conceive a scheme of recruitment, but at the same time, the scheme of recruitment of civil servants is contemplated in the Public Service Commission (Function) Rules (hereinafter referred to as the Function Rules). Azad Jammu & Kashmir Civil Servants ((Appointment and Conditions of Service) Rules read with rules 6 and 7 of the Function Rules, provide a scheme of initial recruitment and exemption of certain posts for the recruitment of which no examination or test was to be conducted by the Public Service Commission, as the Government was invested with discretion to make initial recruitment or appointment by promotion or transfer, as the case may be. All recruitments to the posts in Grade-16 and above are to be made by the appointing authority on the basis of examination or test conducted by the Public Service Commission. Rule 16 of the Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules provided that initial recruitment to the posts in Grade-16 and above except those which, under the Azad Jammu and Kashmir Public Service Commission Function Rules, did not…

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