| Citation(s) |
|---|
| 2002 SLG 1804 2002 SLD 1804 2002 PLC 687 |
Supreme Court (AJ&K)
Civil Appeals-Nos. 118 and 117 of 2000, decision dated: 9-08-2001. (On appeal from the judgment of the Service Tribunal dated 24-4-2000 in Appeal No: 772 of 1994).
SARDAR SAID MUHAMMAD KHAN AND MUHAMMAD YUNUS SURAKHVI, J
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Civil Appeals-Nos. 118 and 117 of 2000, decision dated: 9-08-2001. (On appeal from the judgment of the Service Tribunal dated 24-4-2000 in Appeal No: 772 of 1994).
SARDAR SAID MUHAMMAD KHAN AND MUHAMMAD YUNUS SURAKHVI, J
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[Supreme Court (AJ&K)] Sardar MUHAMMAD ASHRAF KHAN, CHIEF ENGINEER, P.W.D., MUZAFFARABAD and others
VS
AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary at Muzaffarabad and others
Law:
Section:
Azad Jammu and Kashmir Civil Servants Act, 1976-------Ss. 8 & 22---Anti-dated promotion---Entitlement---If it was found by the Service Tribunal that concerned civil servant was eligible for promotion and the post was vacant, but he was not promoted without any fault on his part, the Service Tribunal could give anti-dated effect to the promotion of such a civil servant---Where civil servant had failed to challenge the appointment and promotion orders of opposing civil servants before the Service Tribunal within the period of limitation, the Service Tribunal did not commit any illegality in refusing him relief of giving anti-dated effect to his promotion. Muhammad Aslam Khilji v. Azad Government of Jammu and Kashmir 1991 PLC (C.9.) 128; Nisar Ahmad Kayani v. Azad Government 1999 PLC (C.S.) 1002; Ch. Abdul Latif v. Secretary, AJ&K Council 2000 PLC (C.S.) 210; Ch. Abdul Karim v. Raja Muhammad Nisar 1999 PLC (C.S.) 624; Ghulam Mustafa Qureshi v. Azad Government 1994 SCR 227; Muhammad Azad Khan v. The Secretary AJ&K Council 1999 PLC (C.S.) 122; Mrs. Nargis Shaheen v. Sh. Manzoor Ahmad Civil Review Petition No.9 of 1994; Muhammad Ilyas Khan v. Sardar Muhammad Hafeez Khan 2001 SCR 179; Muhammad Ilyas Khan v. E;ardar Muhammad Hafeez Khan 2001 PLC (C.S.) 445; Abdul Khaliq v. Zaheer Ahrnad 2000 PLC (C.S.) 706; Raja Muhammad Ashraf Kayani v. The Azad Jammu and Kashmir Government 1989 PLC (C.S.) 561; Muhammad Javaid v. Secretary Nome Civil Appeal No.200 of 1999 and Inayatullah Chaudhry v. Azad Jammu and Kashmir Government 1990 PLC (C.S.) 598 ref. M. Tabassum Aftab Ali and Fareoq Hussain Kashmiri, Advocates for Appellant (in Civil Appeal No. 118 of 2000). Gulam Mustafa Mughal, Advocate for Appellant (in Civil Appeal No. 117 of 2000). Kh. Shahad Ahmad Advocate for Respondent. Date of hearing: 24th July, 2001. JUDGMENT SARDAR SAID MUHAMMAD KHAN, C.J.---As the above entitled appeals arise out of the single judgment of the Service Tribunal, we propse to dispose of the same together. 2. The brief facts giving rise to the present, appeals are that Sardar Muhammad Ashraf Khan, appellant, was appointed as Assistant Engineer Electricity upon the recommendations ofโฆ
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