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Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------S. 44---Azad Jammu and Kashmir Deputy Secretaries Secretariat Recruitment Rules, 1978, R.5---Writ petition---Promotion---Claim of petitioners was that non-petitioners were not following R.5 of Azad Jammu and Kashmir Deputy Secretaries Secretariat Recruitment Rules, 1978 and were promoting Deputy Secretaries on basis of seniority-cum-fitness, while it was incumbent upon them to follow R.5 of the Rules---Petitioners had prayed that a writ of mandamus be issued against non-petitioners and they be directed to act upon said Rules with a declaration that posts of Deputy Secretaries be filled in by selection on merits through Public Service Commission and not by promotion on the basis of seniority-cum-fitness---Contention of non-petitioners was that matter pertained to terms and conditions of service and an appeal could be filed before Service Tribunal and that writ petition filed by petitioners was not maintainable---Validity---Though no provision existed under which petition could be filed before Service Tribunal for implementation of Rules, but where no final order had been passed, concerned civil servant should wait till passing of such order, then he could challenge the same before Service Tribunal, instead of approaching the High Court for declaration or injunction regarding matter which fell within purview of terms and conditions of his service, seniority, promotion, etc.---Petitioners, in circumstances, had to wait for an order passed for promotion derogatory to R.5 of Azad Jammu and Kashmir Deputy Secretaries Secretariat Recruitment Rules, 1978---When any such order was passed, then they could file an appeal before Service Tribunal, where they could claim promotion on basis of Azad Jammu and Kashmir Deputy Secretaries Secretariat Recruitment Rules, 1978---Writ petition being not maintainable, was dismissed. 1999 PLC (C.S.) 1439 foil. M. Tabassum Aftab Alvi for petitioners. Abdur Rashid Abbasi for Non-petitioners/Respondents. Date of hearing: 21st April, 2006. ORDER MUHAMMAD REAZ AKHTAR CHAUDHRY, J---This writ petition is addressed under section 44 of the AJ&K Interim Constitution Act,…

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