Legal Case Summary

Case Details
Case ID 140e3a81-6ebd-433a-946b-155cdd5cf2c9
Body View case body.
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)