Law:

Section:

(a) Azad Janunu and Kashmir Service Tribunal Act (XXII of 1975)--------S. 4---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Appeal to Supreme Court---Limitation---Starting point--­Appellant was not impleaded as respondent ii, appeal earlier filed before Service Tribunal---Appellant being aggrieved of order passed by Service Tribunal had filed appeal before Supreme Court i7hich was barred by time--­Appellant in his application for condonation of delay had furnished convincing explanation for the delay wherein ht stated that he did not know about of Service Tribunal and that after coming to know about said he filed appeal within prescribed period of limitation---Appeal filed by appellant was not time-barred because if application was filed by a person who was not a party before Court below, limitation would run from date of the knowledge. (b) Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977--- ----R.17---Azad Jammu and Kashmir Interim Constitution Act. (VIII of 1974), S.42---Appointment made without advertisement---Validity---Appeal to Supreme Court---Post to ' which respondent was appointed was not advertised---Appointment would not create any right in respondent because R.17 of Azad Jammu and Kashmir Civil servants (Appointment and Conditions of Service) Rules, 1977 had provided that when it was intended to fill in a vacant post, vacancy had to be advertised in the newspapers and then appointments had to be made on tie basis of examination or test to be held by appropriate committee or the Board---Advertising of post being a mandatory requirement of law, if it was not complied with, any proceedings taken by Selection Board would be void and all proceedings for selection or appointment would be coram non judice---Provisions of R.17 of Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977 had ensured that people would be appointed to Government service on basis of merit and open competition. Muhammad Fayyaz v. Arshid Gillani 1999 PSC.567 ref. Ashfaque Hussain Kayani, Advocate for Appellant. Farooq Hussain Kashmiri and Abdul Hamid Khan Shahid, Advocate for…

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