| Case ID |
1fe6797a-a2f1-46d2-9868-e6a4f688e152 |
| Body |
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| Case Number |
Service Appeal No. 437 of 1989 |
| Decision Date |
Sep 20, 1989 |
| Hearing Date |
|
| Decision |
The appeal was dismissed on the grounds that the appellant failed to exhaust the departmental remedy before approaching the Service Tribunal. The Tribunal found that the appellant did not follow the proper procedure as outlined in the Azad Jammu and Kashmir Civil Servants (Appeal) Rules, 1982, specifically rules regarding the submission of appeals directly to the Appellate Authority. Furthermore, the Tribunal held that the appointment of a person to a specific post is at the discretion of the competent authority and does not fall within the jurisdiction of the Tribunal. Therefore, the appeal was deemed not competent and was dismissed in limine. |
| Summary |
In the case of Service Appeal No. 437 of 1989, the Service Tribunal (AJ&K) addressed the appeal of Kh. Ghulam Mohidin against the Azad Jammu and Kashmir Government concerning his non-promotion to the post of Budget Officer B-16. The appellant argued that despite his lengthy service, he was overlooked for promotion in favor of another individual. However, the Tribunal determined that the appellant did not adhere to the necessary departmental procedures before lodging an appeal. According to the Azad Jammu and Kashmir Civil Servants (Appeal) Rules, 1982, it is mandatory for an employee to first pursue internal remedies before escalating the matter to the Tribunal. The Tribunal emphasized the discretionary power of competent authorities in making appointments, reinforcing that such decisions are not subject to appeal. Consequently, the appeal was dismissed due to the failure to comply with procedural requirements and because the Tribunal lacked jurisdiction over promotion matters. This case underscores the importance of following established legal protocols and the limits of judicial review in administrative decisions. |
| Court |
Service Tribunal (AJ&K)
|
| Entities Involved |
AZAD JAMMU AND KASHMIR GOVERNMENT
|
| Judges |
RAJA MUHAMMAD ASHRAF KAYANI, MEMBER
|
| Lawyers |
Sardar Rafique Mahmood
|
| Petitioners |
Kh. GHULAM MOHIDIN
|
| Respondents |
AZAD JAMMU AND KASHMIR GOVERNMENT
|
| Citations |
1991 SLD 2026,
1991 PLC 18
|
| Other Citations |
Not available
|
| Laws Involved |
Azad Jammu and Kashmir Service Tribunals Act, 1975,
Azad Jammu and Kashmir Civil Servants (Appeal) Rules, 1982
|
| Sections |
4,
5,
7
|