| Citation(s) |
|---|
| 2003 SLG 909 = 2003 SLD 903 PLC 424 = 2003 PLJ 1 |
Supreme Court (AJ&K)
Civil Appeal No.91 of 2001, decision dated: 15-03-2002. (Onappeal from the judgment of the High Court dated 2-4-2001 inWrit Petition No.427 of 2000).
MUHAMMAD YUNUS SURAKHVI, ACTG. C.J. AND KHAWAJA MUHAMMAD SAEED, J
Civil Appeal No.91 of 2001, decision dated: 15-03-2002. (Onappeal from the judgment of the High Court dated 2-4-2001 inWrit Petition No.427 of 2000).
MUHAMMAD YUNUS SURAKHVI, ACTG. C.J. AND KHAWAJA MUHAMMAD SAEED, J
Raja SHOUKAT MEHMOODvsAZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary, Civil Secretariat, Muzaffarabad and another
Law: Azad Jammu and Kashmir Civil Servants Act, (VI of 1976)
Section: 8-A
Law: General Clauses Act (X of 1897)
Section: 6
(a) Azad Jammu and Kashmir Civil Servants Act, 1976-------S.8-A [as inserted by Azad Jammu and Kashmir Civil Servants (Amendment) Ordinance, 1989---General Clauses Act (X of 1897), S.6--�Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Ss.42, 44 & 56-C---Order of Prime Minister for out of turn promotion of civil servant---Selection Board refused to consider civil servant on the ground that S.8-A of Azad Jammu and Kashmir Civil Servants Act, 1976, postulating out of turn promotion had been deleted---High Court dismissed Constitutional petition---Validity---Section 8-A of Azad Jammu and Kashmir Civil Servants Act, 1976 remained on the statute till 20-2-1993, whets same was deleted--�Case of civil servant was recommended by Inspector-General of Police on 26-3-1990, which was approved by Prime Minister on 16-5-1991--�Section 8-A on both such dates was a part of Azad Jammu and Kashmir Civil Servants Act, 1976---Right had accrued to civil servant on account of such reasons, which could be enforced through Constitutional petition---Case of civil servant should have been judged by keeping in view the provisions of S.6 of General Clauses Act, 1897 read with S.56-C of Azad Jammu and Kashmir Interim Constitution Act, 1974---If law had changed after initiation of case of civil servant for out of turn promotion, even then his case should have been processed in the light of law, which was applicable at relevant time---Certification of Commendation issued on 3-3-1982 by Commandant, Police Training College, recommendations made by Inspector-General of Police on 26-3-1990 and approval by Prime Minister on 16-5-1990 were the steps in series of proceedings meant for allowing out of turn promotion to civil servant, which were interconnected by an intrinsic unity and were to be regarded as one legal proceedings---All such steps had taken place prior to deletion of S.8-A, thus, Selection Board was not justified in law to refuse to judge the suitability of civil servant for out of turn promotion---Conduct of Selection Board was highly objectionable, which had not been taken into consideration by High Court while dismissing Constitutional petition of civil…