| Case ID |
2028f621-3157-4d7c-a5ae-68ef54a736b5 |
| Body |
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| Case Number |
Civil Appeal No. 80 of 2008 |
| Decision Date |
Feb 18, 2009 |
| Hearing Date |
Jan 21, 2009 |
| Decision |
The Supreme Court dismissed the appeals, affirming the High Court's order which held that the Secretary Finance acted within jurisdiction under the Delegation of Financial Powers Rules, 1994. The Court concluded that the petitioners, who were appointed on an ad-hoc basis, did not possess a vested right to the posts that were subsequently abolished. The argument that the Secretary Finance lacked the authority to abolish the posts was rejected and the validity of the notification for abolition was upheld. The Court emphasized that the power to create or abolish posts rests with the Government and its delegated authorities, and the actions taken were consistent with the applicable laws and rules. |
| Summary |
This case revolves around the dismissal of two civil appeals concerning the abolition of posts in the Co-operative Department of Azad Jammu and Kashmir. The petitioners claimed they were entitled to appointment after successfully passing tests for positions that were later advertised. However, the Secretary Finance abolished these posts, leading to the appeals. The Supreme Court ruled in favor of the Secretary Finance, asserting the legality of the abolition under the Delegation of Financial Powers Rules, 1994. The ruling underscored the principle that the Government holds exclusive authority to create or abolish posts, thus affirming the Secretary's actions as lawful. This case highlights the importance of adhering to proper legal procedures in administrative appointments and the limits of jurisdiction for departmental authorities. Key terms include 'Delegation of Financial Powers', 'Supreme Court', 'AJ&K', and 'abolition of posts'. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
KHAWAJA SHAHAD AHMAD,
MUHAMMAD AZAM KHAN
|
| Lawyers |
M. Tabassum Aftab Alvi,
Kh. Farooq Ahmad,
Sardar M. R. Khan
|
| Petitioners |
Syed NAEEM GILANI,
Muhammad EJAZ KHAN
|
| Respondents |
another,
SECRETARY FINANCE/COOPERATIVE (FINANCIAL ACCOUNTING OFFICER), MUZAFFARABAD
|
| Citations |
2010 SLD 3201 = 2010 PLC 1081
|
| Other Citations |
Muhammad Imtiaz Khan v. Azad Jammu and Kashmir Government and 3 others 1999 PLC (C.S.) 1007,
Mehboob-ur-Rehman v. AJK University and 2 others 2003 PLC (C.S.) 783,
Muhammad Sabir v. Director Public Instructions Schools (Secondary) and 4 others 2007 SCR 243,
Mujahid Hussain Naqvi v. Azad Government and 4 others 1999 PLC (C.S.) 237
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974,
Delegation of Financial Powers Rules, 1994,
Rules of Business (AJK)
|
| Sections |
42,
3,
4,
48
|