Law:

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Azad Jammu and Kashmir Jail Establishment Service Rules, 1983-------R.8(a)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.47(3)---Promotion, entitlement to---Appeal to Supreme Court--­Appellant was not given notional promotion while respondents were given the same merely on ground that they were promoted to said posts, in their own pay scale---No rule existed for promoting a person in a higher grade in his own pay scale---Mere fact that respondents were given retrospective promotion because they were holding the posts of Senior Clerks, would not justify to deny the same to appellant---If a post was in existence and a civil servant was eligible for promotion, but he was ignored with no fault on his part, his case of notional promotion could be considered- --Respondent had been given retrospective promotion, but same was denied to the appellant---Denial to give effect to promotion of appellant, was not legally justified---Ordinarily question of ante-dated promotion was to be considered by Appointing Authority, but in circumstances of the present case where parties had been litigating for quite some time; it would be an exercise in futility to give said direction to Appointing Authority and it would be in the fitness of things if said relief was given to appellant by Supreme Court itself---Accepting appeal, the Supreme Court directed that promotion of appellant, would take effect from the date when promotion was given to respondent with retrospective effect. Sardar Sabir Hussain Khan Abbasi v. Azad Government (Civil Appeal No. 16 of 1999; Professor Dr. Raja Muhammad Ayub Khan v. Azad Jammu and Kashmir Government 1990 MLD 1283; Kabir Ahmad Khan v. Government of Punjab 1990 SCMR 1417 and Saleem Ullah v. Government of Pakistan 1995 SCMR 1865 ref. Abdul Rashid Abbasi and Bashir Ahmad Mughal, Advocate Supreme Court for Appellant. Ghulam Mustafa Mughal, Advocate Supreme Court for Respondents No.4 and 5. Sardar Rafique Mahmood Khan, M. Tabassum Aftab Alvi, Ch. Muhammad Ibrahim Zia and Kh. Shahad Ahmad, Advocates Supreme Court for Respondent. Date of hearing 2nd November, 1999. JUDGMENT SARDAR SAID MUHAMMAD KHAN C.J.---This appeal has been directed…

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