Law:

Section:

(a) Azad Jammu and Kashmir Civil Servants Act (VI of 1976)-------Ss.8 & 23---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Promotion of civil servant in the same grade which he was holding---Petitioners, on the basis of Azad Jammu and Kashmir Social Welfare and Women Development Service Rules, 1993 were appointed as Social Welfare Officers after they qualified the relevant test---Subsequently a sub-Committee was constituted to propose amendment in the said Rules--­Amendment in Rules had shown that petitioner already holding posts of Social Welfare Officers in Grade-17 were to be promoted to Assistant Directors who would hold the same Grade-17---Validity---Promotion could only be made in higher grade and not in the same grade---According to provisions of S.8 of Azad Jammu and Kashmir Civil Servants Act, 1976 wherein definition of 'promotion' had been provided---Civil servant could only be promoted to next higher grade and mere change of designation would not fall within the ambit of "promotion" ---Amendment in Rules, appeared to be an action based on mala fides just to deprive petitioners from their legitimate right of promotion because they would become junior to all those Assistant Directors who were already working in the Department which would mean that they would practically be denied their rights of service--­Action to form sub-Committee was also violative of S.23 of Azad Jammu and Kashmir Civil Servants Act, 1976 wherein powers to make Rules had been provided. (b) Words and phrases----- ----'Promotion'--- Meanings. (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)----- ----Ss.15 & 17---Equality of State Subjects and safeguards against discrimination in service---All State Subjects are equal before law and are entitled to equal protection of law---State Subjects could not be discriminated or refused their rights of service---Rights of service would mean and include appointment, promotion and all other ancillary matters attached to the service of a citizen. (d) Interpretations of statutes----- ---- Rules prescribed being subservient to the original Act---Any rule enacted in derogation of original Act or…

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