Case Details

Citation(s)
2002 SLG 1828 2002 SLD 1828 2002 PLC 769
Supreme Court (AJ&K)
Civil Appeal No.39 of 2001, decision dated: 16-07-2001. (On appeal from the judgment of the High Court dated 18-11-2000 in Writ Petition No. 361 of 1998).
MUHAMMAD YUNUS SURAKHVI AND KHAWAJA MUHAMMAD SAEED, JJ.

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Qazi MUHAMAMD SULEMAN and 5 others

VS

AZAD JAMMU AND KASHMIR GOVERNMENT and 2 others

Law:

Section:

Azad Jammu and Kashmir Service Tribunal Act (XXII of 1975)-------S. 4---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Ss. 44 & 47---Jurisdiction of Service Tribunal---Scope---Any matter which fell within ambit of terms and conditions of civil servant could not be resolved by any Court including High Court in exercise of its writ jurisdiction except Service Tribunal---Service Tribunal could competently resolve dispute as to whether notification issued by Authority was or was not bad in law---Writ of prohibition could not be issued by High Court in respect of matter relating to terms and conditions of service---Competent Authority could not be deprived from amending, cancelling or rescinding any order, notification earlier issued---Jurisdiction of ordinary Civil Courts and even superior Courts after establishment of Service Tribunal, stood ousted--­High Court could not issue writ of prohibition against Competent Authority directing not to withdraw or amend any order or notification. Azad Government and another v. Abdul Kabir Quresh and others 1994 SCR 402; Ejaz Ahmed Awan and 5 others v. Syed Manzoor Ali Shah and another 1999 PLC (C.S.). 1439; Ghiasul Haq and others v. Azad Government of the State of Jammu and Kashmir and others PLD 1980 SC (AJ&K) 5; Dr. Muhammad Sarwar v. Dr. Muhammad Sharif Chatter and others 1995 SCR 292; Raja Naveed Ahmed v. Qazi Khalilur-Rehman and others 1994 SCR 267; Engineer-in-Chief Branch through Ministry of Defence, Rawalpindi and another v. Jalaludin 1989 SCMR 441 ref. Ghulam Mustafa Mughal, Advocate for Appellants. Kh. Attaullah, Additional Advocate-General for Respondents Date of hearing: 2nd July, 2001. JUDGMENT KHAWAJA MUHAMMAD SAEED, J.---This appeal with the leave of the Court has been filed against the judgment of the High Court passed on 18-11-2000 whereby writ petition filed by the appellants against the Government Notification No. 3/14/96-AD dated 18-6-1998 was dismissed. 2. Relevant facts briefly stated are that the appellants herein filed a Constitutional petition in the High Court under section 44 of the Interim Constitution Act, 1974, for the cancellation of the Government Notification No.…
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