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Civil service-------Appointment---Government vide its Notification NO.Admn./50/6/1111-261/94, dated 9-2-1994 had laid down rule that post under Azad Government of Jammu and Kashmir falling in Basic Pay Scale Nos.1 to 5 would be filled from respective constituencies on the basis of merit---Said order of Government being of general nature and having binding force, appointment of junior most opposing civil servant belonging to different constituency should have been terminated and persons belonging to said constituency should have been appointed in place of opposing civil servant. Sh. Abdul Aziz, Advocate for Appellant. Raja Ibrar Hussain, Advocate for Respondents Nos.2 and 3. Date of hearing: 5th October, 1999. JUDGMENT BASHARAT AHMAD SHAIKH, J.---Appellant Naziran Bibi was serving in the Health Department as Midwife (Daya). When she had already served for about nine years, her services were terminated for absence from duty. On the intervention of the Mohtasib she was re-appointed on 25th April, 1996 against a vacancy which was likely to occur with effect from 1st June. However, seven months later her appointment was cancelled on 7th July, 1997 to pursuance of a Cabinet decision taken on 1st September, 1996 that all appointments made during the election campaign were illegal and shall he cancelled. Mst. Naziran Bibi filed a writ petition to challenge the order of her removal from service on 22nd April, 1998 being Writ Petition No. 165 of 1998. She pleaded that her appointment was not hit by the Cabinet decision because the said decision was made only in respect of those appointments which had been made between 2nd May, 1996 to 30th June; 1996 while her appointment was made on 25th April, 1996. A learned Judge in the High Court (Muhammad Sadiq Farooqi, J.) upheld the contention of Mst. Naziran Bibi that her appointment did not come within the mischief of the Cabinet decision. The order of termination of Mst. Naziran Bibi's services were consequently set aside. 2. Respondent No.3 Mst. Rashida Akhtar filed a writ petition in the High Court on 4th December, 1998 being Writ Petition No.528 of 1998, in which, apart from the official respondents, Mst. Naziran Bibi was…

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