Law:

Section:

(On appeal from the and decree of the Service Tribunal dated 31-10-1987, in Appeal No. 330 of 1986). (a) Azad Jammu and Kashmir Service Tribunal (Procedure) Rules, 1976-- ----R.14---Mode and basis for determination of questions arising before Service Tribunal stated: Questions arising for determination before the Service Tribunal shall be decided ordinarily upon affidavit but the Tribunal may direct that such questions as it may consider necessary be decided on such other evidence and in such manner as it may deem fit. Where no other evidence had been led in the case and there was no affidavit controverting the claim of the appellant that he was not considered for promotion by the Selection Board, the only conclusion which could legally be drawn was that the position taken by the appellant was factually correct. (b) Azad Jammu and Kashmir Management Group (Composition, Recruitment and Promotion) Rules, 1980--- ----Rr. 4 & 6 ---Posts of Extra Assistant Commissioners and Assistant Commissioners ---Mode of appointment---Eligibility for promotion. Rule 6 of the Management Group Rules 1980, lays down that no person shall be appointed to the post unless he is a graduate from a recognised University. This rule is titled `qualifications' and the only two qualifications mentioned for induction into the Group are being a graduate and production of a certificate of character. The other relevant rule is rule 4. Sub-rule (1) of this rule lays down the manner of recruitment to the post of Assistant Commissioner. It is provided in clause (b) that 40 per cent of the posts of Assistant Commissioners shall be filled in by promotion on the recommendation of the Selection Board from members of the Extra Assistant Commissioners Service on the basis of merit and fitness for higher responsibilities. It is nowhere laid down that a person must be a confirmed Extra Assistant Commissioner or that he must have qualified all the tests which were required for confirmation as Extra Assistant Commissioner to become qualified to be an Assistant Commissioner. (c) Azad Jammu and Kashmir Management Group (Composition, Recruitment and Promotion) Rules, 19130--- ----Rr. 4 &…

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