Law:

Section:

Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977-------R.17---Appointment---Provisions of R.17 of Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977 being mandatory in nature, after enforcement of such Rules no post in the service of Azad Jammu and Kashmir could be filled in without advertising the same and without allowing the eligible candidates to compete on merits---Appointment in the present case, was made without advertising the post in the newspaper and merits of appointee was not determined alongwith other eligible candidates through test and interview of Selection Committee---Validity---Initial appointment of appointee being illegal, both, Authority concerned and Service Tribunal had rightly held that since said appointment was made against the Rules, providing him opportunity of hearing was not necessary. Umar Hayat v. Azad Government of the State of Jammu and Kashmir and others 1999 PLC (C.S.) 93; Secretary for Prime Minister Secretariat, Azad Government of the State of Jammu and Kashmir Muzaffarabad and others v. Muhammad Aslam and 5 others 2000 PLC (C.S.) 155; Mst. Rehana Aziz v. Mst. Shakeela Ashraf and 2 others 1998 SCR 281 and Federation of Pakistan through Secretary Ministry of Interior, Government of Pakistan, Islamabad v. The General of Public PLD 1988 SC 645 ref. Muhammad Yaqoob Khan Mughal, Advocate for Appellant. Ch. Muhammad Ibrahim Zia, Advocate for Respondent No.5. Date of hearing: 14th October, 2002. JUDGMENT KHAWAJA MUHAMMAD SAEED, J.---This appeal, with leave of the Court, is directed against the judgment of the Service Tribunal passed on 17-8-2001 whereby the appeal filed by the appellant was dismissed. 2. Relevant facts, briefly stated, are that the appellant was inducted in the Forest Department as Guard on the direction of the Forests Minister on 14-7-1998 subject to the approval of the Selection Committee. Later on his case was referred to the Selection Committee for consideration. The Selection Committee found him fit for the said post and submitted its recommendations. His initial appointment as Guard was approved on the recommendations of the…

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