Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)---   ----S. 44---Azad Government of State of Jammu and Kashmir Rules of Business, 1985, Rr.8(g), 9(4) 13(3)---Writ petition---Civil service---Implementation of order of the Prime Minister---Secretary Finance, sent a summary for approval to the Chief Executive, wherein it was suggested that two posts of BPS-20 i.e. Director General, Budget and Director General, Monitoring and Implementation, in the Finance Department could be created---File was routed through the Chief Secretary---Prime Minister approved the proposal and sent the file back to the Chief Secretary for further process---Petitioners in their writ petitions had sought direction to the Chief Secretary for implementation of said order of Prime Minister---Petitioners had alleged that Chief Secretary had not implemented the order of the Prime Minister, which was his statutory duty and that procrastination and non-implementation of the order of the Prime Minister was subversion of the Constitution and the Rules of Business---Rules of Business which had been framed under S.58 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, their strict compliance was mandatory for smooth functioning of the government as well as governance---Order which was passed in violation of the Rules of Business, could not be implemented---Chief Secretary was responsible to go by the Rules of Business---Order sought to be implemented had not been given on a duly processed file in the light of the mandatory procedure visualized by the Rules of Business---Approval of the Prime Minister being void for having been issued in violation of the Rules of Business, High Court could not direct the Chief Secretary to notify a void order regarding the creation of the posts and approval of Rules---Order would be void ab initio, if it was passed by an authority, lacking jurisdiction or was made in complete disregard of mandatory provisions of law---Some additional reasons for dismissal of petitions were also available on the ground that petitioners were not aggrieved persons---Where an order passed by the Prime Minister/Minister was illegal or had been passed in…

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