Law:

Section:

Azad Jammu and Kashmir Civil Servants (Appeal) Rules, 1982--- ---R.4 & 7 Appeal No. 366 of 1987, decided on 21st February, 1990. Azad Jammu and Kashmir Civil Servants (Appeal) Rules, 1982----Rr. 4 & 7---Appeal---Only one appeal is competent against order passed by appointing authority---No provision for second appeal being available in Rules, order passed on second appeal was without jurisdiction. JUDGMENT RAJA MUHAMMAD ASHRAF KAYANI (MEMBER).--Raja Muhammad Azam Khan, Girdawar, has filed this appeal under section 4 of the Azad Jammu and Kashmir Service Tribunal Act, 1975 wherein the respondents Nos. 1 to 5 have been impleaded. 2. By virtue of this appeal, the appellant has prayed that the order No. Revenue (A-8)/142/3583-87, dated 4-6-1987 passed by the respondent No.4 (Secretary Revenue) be set aside whereby the order dated 11-2-1987, passed by the Revenue Commissioner in a service appeal, preferred by the present appellant, was set aside. 3. Brief facts of the case are that the appellant was appointed as Patwari on 26-1-1968, whereas the respondents Nos. 1 to 3 were also appointed in the same service and in the same cadre on 5-12-1971, and 7-1-1970 and 17-11-1975 respectively. Respondents Nos.1 to 3 were promoted as Girdawars by Settlement Officer Poonch vide his Order Nos. 444-47/81, dated 23-5-1981 and 867-70/82, dated 23-6-1982. 4. Feeling aggrieved by these promotion orders, the appellant made an appeal before the learned Revenue Commissioner. The appellant was declared senior to the respondents vide order dated 11-2-1987 and the file was remanded to the Settlement Officer with the direction that the seniority of the incumbents may be determined de novo. This order was called into question by the respondent No. 1 before respondent No.4, and was set aside through the impugned order and hence this appeal. 5. It was submitted by the learned counsel for the appellant that the impugned order was passed without jurisdiction. The order passed by the Revenue Commissioner was final and under sub-rule(3) of rule 7 of the Azad Jammu and Kashmir Civil Servants (Appeals) Rules, 1982 (hereinafter referred to as the Rules), no appeal could be preferred against…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492