Law:

Section:

Azad Jammu and Kashmir Civil Servants Act (VI of 1976)---------S. 8---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Promotion---Appellant was promoted as Deputy Controller on recommendation of Selection Committee, but respondent filed a writ petition challenging appellant's promotion---High Court having accepted said writ petition, appellant had filed appeal to Supreme Court against of High Court in which he raised certain points---Appellant while addressing arguments did not press other points, except that direction of High Court with regard to respondent to consider him for the post of Deputy Controller, was absolutely against law for the reasons that it was not held by High Court that said respondent was eligible to be considered for promotion---Since there was not much dispute regarding contentions of parties, it was held that direction given by High Court in respect of respondent to be considered for the post of Deputy Controller was unwarranted and was not maintainable and was set aside in appeal---Rest of the would remain intact whereby order of promotion had been set aside and same was held to be made by the concerned authorities---Authorities would proceed in accordance with law and consider all those who were eligible for promotion. Ch. Muhammad Ibrahim Zia, Advocate for Appellant. Mujahid Hussain Naqvi, Advocate for Respondent No. 1. Date of hearing: 17th March, 2005. JUDGMENT CHAUDHARY MUHAMMAD TAJ, J.---This appeal, by leave, is directed against the judgment passed by the High Court on 19-12-2003 whereby the writ petition was accepted. 2. The facts are that the appellant was promoted as Deputy Controller on the recommendation of Selection Committee through an order passed on 18-4-2002. Respondent No.1 filed a writ petition challenging the appellant's promotion. The learned Single Judge in the High Court accepted the writ petition. Hence, this appeal. 3. Ch. Muhammad Ibrahim Zia, the learned counsel representing the appellant, raised following points in support of the appeal:-- (i) that the learned Judge in the High Court has passed the order against the provisions of Act and calendar of the Board where the…

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