Law: Azad Jammu and Kashmir Service Tribunal Act, 1975

Section:

(a) Azad Jammu and Kashmir Service Tribunal Act (XXII of 1975)---   ----S. 4---Azad Jammu and Kashmir Service Tribunal (Procedure) Rules, 1976, R.8---Appeal before Service Tribunal---Impleading of necessary parties---Term `authority, meaning of---Term `authority would mean a person or authority which was competent to appoint a civil servant; or one designated as such to proceed against civil servants under the Azad Jammu and Kashmir (Efficiency and Discipline) Rules, 1977; it also included functionaries of the State who could finally determine any right, term or condition of service of a civil servant---Appeal before the Service Tribunal could be filed by a civil servant who was aggrieved by any final order whether original or appellate made by a departmental authority and his memorandum of appeal, appellant had to implead the competent authority as the first respondent; and thereafter the parties to the dispute to be arrayed as other respondents---In the present case, order whereby respondents had been promoted had been passed by the Government, which being the only competent authority, had been arrayed as the first respondent---Phraseology and the way with words of R. 8 of Azad Jammu and Kashmir Service Tribunal (Procedure) Rules, 1976, had mentioned only two respondents to be impleaded in the appeal---Competent authority which passed the final order in respect of terms and conditions of service, had to be impleaded as the first respondent and other parties to the dispute to be the second set of respondents---Parties to the dispute would mean those against whom a civil servant had some grievance in respect of inter se seniority and promotion---Selection Board or the Selection Committee, was not in fact a substitute of Public Service Commission, which all were basically recommendatory bodies, whose recommendations could or could not be accepted by the competent authority---Appellants being aggrieved after the issuance of *the notification by the Government, Selection Board was not a necessary party to be impleaded as respondent in appeal before Service Tribunal---Only the Government was a necessary party to be impleaded as respondent in appeal before…

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