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Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------S.42---Writ petition---Scope---Observation of High Court---High Court had unnecessarily probed into the question as to whether respondent in the writ petition was qualified for being appointed as Assistant Engineer or not---High Court had also observed in its passed in writ petition that if concerned Authority wanted to consider appointment of respondent as Assistant Engineer on same post other than the one which was occupied by petitioner it might do so---Said observations of High Court which were not only contradictory, but also irrelevant, and were of no legal consequence. Pir Saleh Shah and 6 others v. The Custodian of Evacuee Property, Pakistan, Lahore and another 1972 SCMR 543 and Muhammad Tufail v. Azad Government and another Civil Appeal No. 14 of 1994 ref. M. Tabassum Aftab Alvi, Advocate for appellant. Ghulam Mustafa Mughal, Advocate for Respondent No. 1. Kh. Attaullah, Addl. A.G. for Respondents Nos.2 and 3. Date of hearing: 9th January, 2001. JUDGMENT SARDAR SAID MUHAMMAD KHAN, C.J.---This appeal has been directed against the judgment of the High Court dated 28-6-2000, whereby accepting the writ petition filed by Munawar Hussain respondent No.1 the writ of prohibition was issued against the Government in terms that the Government Notification dated 9-1-1999 was not to be revoked and no inquiry or investigation against respondent No. 1. shall be conducted in future by the Services and General Administration Department or any other Department in any manner. 2. The brief facts of the case are that Munawar Hussain, respondent, filed a writ petition in the High Court alleging that he was inducted as Overseer in B-11 on 18-4-1989. Subsequently, on the recommendation of respective Selection Board, he was promoted to B-16 and was again promoted as S.D.O. in grade 17; his promotions were made against the departmental quota reserved under rules. It was further alleged that Saghir Ahmad Mughal, the appellant herein, who was serving on contract basis as S.D.O. in the same department was relieved from service on the ground that he was not qualified for direct appointment as S.D.O. in view of…

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