Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------Ss. 42(12) & 47---Civil service---Upgrading of a post---Writ petition was dismissed by the High Court on the ground that it was purely in the discretion of the Authority to upgrade a post and a direction could not be issued by the High Court for exercising a discretionary power in a particular way---Validity---View taken by the High Court was correct as creation and upgrading of posts, revision of pay scales and such-like matters lay purely in the executive domain and the Courts of law could not interfere in such matters---Courts could interfere only if there was an illegality, but no such situation existed in the case---Judgment of the High Court could not be interfered with in circumstances---Petition for leave to appeal against of the High Court was dismissed. Ghulam Mustafa Mughal, Advocate for Petitioner. Date of hearing : 10th August, 2000. ORDER Mehboou-ur-Rehman, petitioner herein, was serving in Education Department of the Government. When the University of Azad Jammu and Kashmir was set up a large number of Lecturers, Assistant Professors etc. serving in the Education Department were transferred en bloc to the University on permanent basis. After about ten years a post of Director Finance was advertised. The petitioner moved an application and was duly selected to the said post. 2. On 6th January, 1994 Finance and Planning Committee of the University, headed by the Vice-Chancellor Dr. Muhammad Sarwar Abbasi, made a recommendation that the Registrar and Director Finance holding offices at the relevant time may be given B-20 as personal scale to bring them at par with Controller of Examination who had already been granted B-20. However no action was taken on this recommendation because, according to the petitioner, the matter remained pending in the administration section of the University. The petitioner retired from service on 20th July, 1994. About two years after his retirement, the petitioner moved an application requesting that the recommendations of Finance and Planning Committee may be given effect to. The matter was considered by the Syndicate on 31st October, 1996 but the…

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