Law:

Section:

(a) Azad Jammu and Kashmir Rules of Business, 1985---------Civil service---Law Department a part of Government Secretariat--­Certain qualifications had been laid down for the posts in Law Department for those who wanted their induction in the said Department---Post of Draftsman of Law Department was in BPS-20 and no person from Secretariat could ask for promotion against the said post merely on basis of his seniority, because people serving in Law Department were required to possess professional and technical qualifications in order to meet requirements of job in the Department in the performance of their duties, which were special in nature---Government was legally competent to appoint any person in Law Department through transfer from any other branch of Civil Secretariat if in its wisdom he could fulfil requirement of job in the Law Department---Even direct induction could be made in the Law Department and prerogative "' of Government to fill in vacancy in Law Department could not be questioned---Only criteria was that a person sent to serve in Law Department through transfer or by promotion must possess technical qualification to meet .requirements of post. Azad Jammu and Kashmir Government through Chief Secretary Muzaffarabad and another v. Syed Zaman Ali Shah and 3 others PLD 1991 SC (AJ&K) 57; Habibullah Gannaie v. Wajahat Rashid Baig and 3 others 1999 PLC (C.S.) 615; Nusrat Fatima v. Azad Government of the State of Jammu and Kashhmir and 2 others PLD 1985 SC (AJ&K) 93; Azad Government of the State of Jammu and Kashmir v. Haji Sammandar Khan and others 1995 MLD 1350 and Ferhat Ali Mir. v. Azad Jammu and Kashmir Government, Writ Petition No.96 of 1997 ref. (b) Civil service--- ----Transfer and posting---Transfer and posting were to be made by those who were legally competent in that regard---Requirement of public interest was that a person who was suitable and capable to meet requirement of that post should be adjusted against that post. (c) Azad and Kashmir Interim Constitution Act (VIII of 1974)--- ----Ss. 44 & 47---Writ of mandamus---Scope---Writ of mandamus was to be issued to compel holder of public office to act in discharge of legal…

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