| Case ID |
107027d3-efba-47b0-ad89-acad0dcfe655 |
| Body |
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| Case Number |
Civil Appeal No. 157 and Civil Miscellaneous No.72 |
| Decision Date |
Oct 26, 2021 |
| Hearing Date |
Oct 21, 2021 |
| Decision |
The Supreme Court upheld the High Court's decision to accept the writ petition, which challenged the appointment orders of the appellants as Junior Clerks. The Court found that the appointments were made without proper advertisement and in violation of the prescribed procedures. The judgment emphasized that the posts were to be filled through initial recruitment as per the departmental service rules, and therefore directed the official respondents to re-advertise the posts and fill them according to the law. The appeal was dismissed, reinforcing the binding obligation of the department to adhere to legal recruitment processes. |
| Summary |
In the case of ARSLAN IQBAL and 2 others vs. MUHAMMAD SHABIR and 6 others, the Supreme Court of Azad Jammu and Kashmir addressed a civil service recruitment issue. The case arose from a writ petition filed by the respondent, who contested the appointment of the appellants as Junior Clerks without proper advertisement. The High Court had initially accepted the writ petition, leading to this appeal. The Supreme Court found that the appellants' appointments were made contrary to established departmental rules, which stipulate that such posts must be filled through initial recruitment. The Court emphasized the importance of adhering to legal procedures in civil service appointments. This case highlights the significance of transparency and adherence to rules in public sector hiring, ensuring that all appointments are made fairly and in accordance with the law. The decision underscores the necessity for government departments to follow prescribed procedures to maintain integrity in public service recruitment. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
KH. MUHAMMAD NASIM,
RAZA ALI KHAN
|
| Lawyers |
Ch. Muhammad Ashraf Ayaz,
Rashid Nadeem Butt,
Javed Najam-us-Saqib
|
| Petitioners |
2 others,
ARSLAN IQBAL
|
| Respondents |
6 others,
MUHAMMAD SHABIR
|
| Citations |
2023 SLD 394,
2023 PLC 146
|
| Other Citations |
Aftab Hussain v. Executive Engineer Highway, Rawalakot and others 2019 SCR 602,
Secretary for Prime Minister and 3 others v. Muhammad Aslam and 5 others 2000 PLC (C.S.) 155
|
| Laws Involved |
Not available
|
| Sections |
Not available
|