Case Details

Citation(s)
2002 SLG 1963 2002 SLD 1963 2002 PLC 1398
Supreme Court (AJ&K)
Civil Appeal No. 198 of 2000, decision dated: 16-03-2001. (On appeal from the judgment of the Service Tribunal dated 10-10-2000 in Service Appeal No.237 of 2000).
SARDAR SAID MUHAMMAD KHAN, C.J. AND MUHAMMAD YUNUS SURAKHVI, J

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Dr. Khawaja MUSHTAQ AHMAD

VS

AZAD GOVERNMENT and 5 others

Law:

Section:

(a) Words and phrases-------"Oblique"---Meaning. Chambers 21st Century Dictionary ref. (b) Civil service-- ---- Service rules---Interpretation of---Rules relating to service matter of civil servants could be defective in so many aspects, but the Court would have to interpret the same as they were and not as they should be. Raja Muhammad Hanif Khan, Advocate for Appellant. Raja Shiraz Kayani, Advocate-General for Respondents Nos. l to 5. Ashfaque Hussain Kiani, Advocate for Respondent No.6. Date of hearing: 9th March, 2001. JUDGMENT MUHAMMAD YUNUS SURAKHVI, J.---This appeal by way of leave of the Court, has been directed against the judgment passed by the Service Tribunal on 10-10-2000, whereby the appeal filed by the appellant herein was dismissed and the Notification dated 4-3-2000, on the basis of which respondent No.6 was promoted, was upheld. 2. The necessary facts, giving rise to the present appeal, are that a post of Director B-19 in the functional unit of the Animal Husbandry Department was to be filled in view of provisions of the Azad Jammu and Kashmir. Animal Husbandry Service Rules; 1992, In accordance with the aforesaid rules the officers holding the post of Deputy Director Animal Husbandry/Poultry/Livestock/Disease Investigation Officer B-8 were to be promoted on the basis of selection on merit. The appellant as holding the post Livestock Officer B-18 as is evident from Notification .fated 25-8-1997 and he was promoted on the said post w.e.f. 8-3-1992, whereas respondent No.6 was appointed directly to the post of Poultry Development Officer B-18. The post was advertised vide advertisement dated 30-8-1993 and respondent No.6 was appointed by Public Service Commission vide its handout Annexure "PD/1" and the letter of appointment in favour of the said respondent was issued on 16-2-1994. Respondent No.6 was firstly promoted vide the Notification dated 13-12-1998 on current charge bases to the post of Director Livestock. The appellant filed an appeal against the said Notification on 1-1-1999. During the pendency of the aforesaid appeal respondent No.6 was promoted to the post of Director Livestock on substantive basis upon the recommendations ofโ€ฆ
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