Law: Azad Jammu and Kashmir Supreme Court Rules, 1978

Section: O.XLVI, R. 1

Azad Jammu and Kashmir Supreme Court Rules, 1978------O.XLVI, R. 1---Review of Supreme Court ---Petition for review was based on a point which was neither- raised before Service Tribunal nor was agitated in Supreme Court at appeal stage---Effect---New point could .not be raised in a review petition---Review petition was dismissed in circumstances.Muhammad Ishaq and others v. Falak Sher and another 1988 SCMR 853 and Kamal-ud-Din v. The Province of Punjab 1987 SCMR 182 rel.Date of hearing: 7th November, 1990.JUDGMENT BASHARAT AHMAD SHAIKH, J.--This is a review petition seeking recalling of the judgment of this Court recorded on 20th of August, 1990. The petition contains as many as eight grounds on which review is sought and creates ex-facie impression of being an appeal. However, the learned counsel only pressed one ground during the arguments. The ground is as follows:- "(c) That this is an admitted case between the parties that only five posts of sub-engineers fallen vacant and for all the 5 posts only 5 persons namely the non-petitioners Nos. 1 to 5 were sent to Selection Board and Selection Board have approved them. Thus, Government Notification No. Admin./A-27(46)/83, dated 20-1-1983 was violated and the petitioner was not considered at the time of promotion on the post of sub-engineer:" Government Notification mentioned in the above extracted portion of the review petition has been placed on the file during arguments. The Notification which was issued on 20th of June, 1983 lays down, inter alia, that while referring cases to the Selection Board for promotion, if possible, three names shall be forwarded for each post to be filled up. The point urged by the petitioner is that this part, of the notification was violated inasmuch as only five persons were sent for five posts under reference. We have looked into the grounds of appeal filed by the present petitioner in the Service Tribunal and rind that this point…

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