Law:

Section:

(a) Azad Jammu and Kashmir Service Tribunals Act, 1975--- ----S. 4---Jurisdiction o: Service Tribunal could be invoked by a civil servant aggrieved by an order passed by a departmental authority in respect of terms and conditions of his service. When a civil servant had challenged the right, qualification or mode of appointment of another civil servant without claiming any relief for himself, or when the power of any departmental authority was challenged on the ground of his traveling beyond the jurisdiction in appointing a civil servant, the jurisdiction in that case did not vest in the Service Tribunal, as it could be invoked only when aggrieved person's terms and conditions pf service were affected and not otherwise. The bunch of Forest Officers in present case had challenged the authority of the Government in travelling beyond the rules by appointing specified respondent as Deputy Conservator of Forests (D.F.O.) and his qualification in holding the post, without claiming any relief for themselves, or complaint of their terms and conditions of service being affected. They had no alternate remedy, except by invoking the jurisdiction of the High Court. Moreover, an appeal before the Service Tribunal was also excluded in a case where- a person is declared fit to be appointed or to hold a particular post, as the specified respondent had been. (b) Azad Jammu and Kashmir Civil Servants Act, 1974--- ----S. 9---Government's power to post or transfer a civil servant anywhere against any post was subject to, the law and rules framed thereunder---Liability of civil servant to serve on any post would not absolve him of possessing necessary qualifications for the post, nor would Government be authorised to post or appoint a person of general qualification against professional post--­Provision of S. 9; Azad Jammu and Kashmir Civil Servants Act, 1974, would not apply to professionals, such as Engineers, Doctors, Natural Scientists etc. except inter se transfer---Respondent being in possession of various degrees in social sciences who had been appointed against a post in Forest…

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