Case Details

Citation(s)
2005 SLG 1040 2005 SLD 1040 2005 PLC 1260
High Court (AJ&K)
Writ Petition No.102 of 2001, decision dated: 22-03-2002.
MUHAMMAD REAZ AKHTAR CHAUDRY, J

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MUHAMMAD SULEMAN, PERSONAL ASSISTANT(R), MIRPUR, AZAD KASHMIR

VS

ADVOCATE GENERAL, (AJ&K) GOVERNMENT, MUZAFFARABAD. and 6 others

Law:

Section:

(a) Azad Jammu and Kashmir Civil Servants Act (VI of 1976)---------S. 8---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Writ Petition---Promotion---Successive move-over---Petitioner at the time of his retirement was in BPS-15, Selection Grade B-16 and move-over B-17-Under provisions of S. 8(1) of Azad Jammu and Kashmir Civil Servants Act, 1976, "Promotion" would mean "Promotion to a post of higher grade of service"---Petitioner was not promoted to the post of higher grade, but he remained on same post, but Selection Grade B-16 was awarded to him which did not come within the ambit of "Promotion"---"Promotion" as per dictionary meaning means "advancement or preferment for honour, dignity or rank"---Petitioner, who remained in same rank of BPS. 15 and simply was given Selection Grade-16, could not be said to have been promoted to any higher rank, but simply financial benefits were given to him---Orders passed by Authority regarding cancellation of move-over and recovery of arrears received by him, were without legal justification and same having been passed without affording petitioner any opportunity of hearing, were not sustainable---Such orders were declared to be without lawful authority. Mubasharul Haq v. A.K. Government and others PLC 1991 (C.S.) 426 ref. (b) Words and phrases--- ----"Promotion", meaning of---"Promotion" means, "Advancement or preferment for honour, dignity or rank", which means advancement in rank. Mubasharul Haq v. A.K. Government and others PLC 1991 (C.S.) 426 ref. Petitioner in person. Additional Advocate-General for non-Petitioners. x (a) Azad Jammu and Kashmir Civil Servants Act (VI of 1976)---------S. 8---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Writ Petition---Promotion---Successive move-over---Petitioner at the time of his retirement was in BPS-15, Selection Grade B-16 and move-over B-17-Under provisions of S. 8(1) of Azad Jammu and Kashmir Civil Servants Act, 1976, "Promotion" would mean "Promotion to a post of higher grade of service"---Petitioner was not promoted to the post of higher grade, but he remained on same post, but Selection Grade B-16 was awarded to him which…
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