| Case ID |
2b3761d9-7e37-43b9-96b4-92aae5acb20a |
| Body |
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| Case Number |
W.P. No. 3619-A/2021 |
| Decision Date |
Apr 13, 2022 |
| Hearing Date |
Apr 13, 2022 |
| Decision |
The High Court accepted the writ petition filed by Amber Arooj Mughal, directing the concerned department to fill the vacant post of Deputy Director BPS-18 ESMA as per the existing Service Rules, 2001. The court emphasized that the promotion rights of the petitioner, who was eligible for the post following the death of the previous Deputy Director, should be honored and that any proposed amendments to the rules should not impede her right to promotion. The court ruled that the post must be filled promptly by the selection board, adhering to the established rules and recognizing the long service and experience of employees in the department. |
| Summary |
In the case of Amber Arooj Mughal vs. Azad Government of the State of Jammu and Kashmir, the High Court addressed the issue of promotion rights following the death of a Deputy Director. The petitioner argued that she was next in line for promotion under existing rules but faced delays due to proposed amendments that favored other candidates. The court ruled in favor of the petitioner, reinforcing her right to promotion as per the existing laws. This case highlights the importance of adhering to established service rules in public sector promotions and the protection of employees' rights against arbitrary changes in policy. Such decisions serve to maintain fairness and integrity within government employment practices, ensuring that experienced and long-serving individuals are not overlooked for advancement due to procedural changes or favoritism. The judgment underscores the court's role in safeguarding constitutional rights and enforcing existing laws in the face of administrative changes. Keywords: promotion rights, government employment, service rules, constitutional law, public sector integrity. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Azad Government of the State of Jammu and Kashmir,
Extension Services Management Academy (ESMA)
|
| Judges |
Sardar Muhammad Ejaz Khan
|
| Lawyers |
Not available
|
| Petitioners |
Amber Arooj Mughal
|
| Respondents |
6 others,
Azad Government of the State of Jammu and Kashmir through Secretary Agriculture, Livestock, Irrigation and ESMA
|
| Citations |
2023 SLD 1209,
2023 PLJ 21
|
| Other Citations |
1998 PLC (CS) 132,
2013 PLC (CS) 357
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974
|
| Sections |
44
|