Law:

Section:

(a) Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977-------Rr.4(6)(i),(ii) & 9---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.47(3)---Promotion---Civil servant who was initially appointed as Junior Teachress, was promoted as Senior Teachress in B-15, under order of Divisional Director of Schools---In order to give her promotion order a legal shape, subsequently after about four months of her promotion, a corrigendum was issued by Assistant Director Schools under direction of Divisional Director Schools through which in her promotion order words" " (according to recommendation of Selection Committee) were added---By the time civil servant was promoted, Divisional Director Schools had lost the competence to give promotion to civil servant as during that period post of Senior Teachress was upgraded from B-15 to B-16 and on account of that reason promotion could be made under provisions of relevant law on recommendation of Selection Board by Minister Incharge---Case of civil servant was never sent to Selection Board alongwith other eligible candidates for its recommendation nor Minister Incharge had approved any such recommendation---Illegal exercise of jurisdiction on the part of Divisional Director Schools, had not vested any legal right on the civil servant---Promotion order passed by Divisional Director Schools without recommendation of Selection, Committee or Selection Board, was illegal and would confer no right upon promotee/civil servant and was rightly set aside, by Secretary Education and. appeal against setting aside such illegal order was also rightly dismissed by Service Tribunal. Secretary for Prime Minister v. Muhammad Aslam 2000 PLC (C.S.) 155; Naseebullah v. Mumtaz Khan and others 1993 SCR 44; Ch. Muhammad Saeed v. Azad Government of the State of Jammu and Kashmir and others 1990 PLC (C.S.) 354 and Azad Government of the State of Jammu and Kashmir through its Chief Secretary, Muzaffarbad and 2 others v. Ashfaque Ahmed Hashmi, Press and Publication Officer, Prime Minister Secretariat, Muzaffarabad 2001 PLC (C.S.) 34 ref. (b) Civil service--- ----Promotion---Issuance of show-cause…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492