Law:

Section:

(a) Azad Jammu and Kashmir Service Tribunals Act (XXII of 1975)- ---S. 4--Azad Jammu and Kashmir Civil Servants Act (VI of 1976)--Azad Jammu and Kashmir Civil Servants Appeal Rules, 1982--Appeal before Service Tribunal­Limitation--Mode of communication of an order not having been given in Service Rules, Appeal Rules or Civil Servants Act, Tribunal has to fall back to well-recognized mode of service provided in Civil Procedure Code--Order or document should come to notice of concerned person and service in person is not a condition precedent for assuming that order was duly communicated--Appellant must explain each day from the date of receipt of order in his office to the date he claims the knowledge and circumstances in which he could not get information-­No circumstances incorporated in the pleadings nor any evidence adduced in that behalf before Tribunal--Appeal filed on 30-8-1984 against the Notification dated 25-4-1984 and order dated 8-7-1984 rejecting review petition of appellant, held, was not in time. (b) Azad Jammu and Kashmir Service Tribunals Act (XXII of 1975)-- ---S. 4--Promotion--Jurisdiction of Tribunal in matter of selection for promotion is limited--Tribunal can interfere only in cases of violation of Rules or mala fide exercise of power by Selection Authority. (c) Azad Jammu and Kashmir Service Tribunals Act (XXII of 1975)-- ---S.4--Azad Jammu and Kashmir Extra Assistant Commissioner (Recruitment and Promotion) Rules, 1980, R. 5--Promotion to post of Extra-Assistant Commissioner--Criteria and considerations--Tehsildars of outstanding ability and merit only required to be considered for promotion to service as Extra-Assistant Commissioner--Criteria adopted by Selection Board that officers not having passed BA. Examination upto enforcement of Extra-Assistant Commissioner Rules could not be treated to have outstanding capability was not violative of Rules--Respondents who without requirement of Rules acquired higher qualification were treated by Selection Authority as possessing more ability and merit than persons who entered service earlier but did not care to improve qualification--Notwithstanding fact that action of Selection Authority was…

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