| Case ID |
140e3a81-6ebd-433a-946b-155cdd5cf2c9 |
| Body |
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| Case Number |
Service Appeal No. 279 |
| Decision Date |
Jul 29, 1986 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the appellant, Agha Ghulam Hussain, was found to be a civil servant under the Azad Government of Jammu and Kashmir. The tribunal concluded that the appellant had accepted his employment with the Azad Government after the transfer from the Government of Pakistan and had no legal basis to challenge his retirement. The court found no defects in the order of retirement which was issued under the provisions of the Azad Jammu and Kashmir Civil Servants Act, 1976. The arguments presented by the appellant's counsel were deemed without substance, leading to the dismissal of the appeal. No costs were awarded. |
| Summary |
In the case of Agha Ghulam Hussain vs. Azad Government of the State of Jammu and Kashmir, the Service Tribunal examined the retirement of a civil servant under the Azad Jammu and Kashmir Civil Servants Act, 1976. The appellant argued that he was a servant of the Government of Pakistan and was wrongfully retired by the Azad Government. The tribunal found that the appellant had accepted service with the Azad Government after his transfer and had no lien with the Government of Pakistan. The decision emphasized the legal authority of the Azad Government to retire the appellant, reinforcing the validity of the retirement order. This case highlights the complexities of civil service transfers and the importance of understanding one's employment status in cross-government transfers. |
| Court |
Service Tribunal (AJ&K)
|
| Entities Involved |
Government of Pakistan,
Azad Government of the State of Jammu and Kashmir
|
| Judges |
Muhammad Siddique Farooqi (Chairman),
Khawaja Abdus Samad (Member)
|
| Lawyers |
Khawaja Muhammad Saeed,
Khawaja Shahad Ahmad
|
| Petitioners |
Agha Ghulam Hussain
|
| Respondents |
Azad Government of the State of Jammu and Kashmir
|
| Citations |
1987 SLD 1164 = 1987 PLC 450
|
| Other Citations |
Not available
|
| Laws Involved |
Azad Jammu and Kashmir Civil Servants Act, 1976
|
| Sections |
12(ii)
|