| Case ID |
2cc1e67e-73ae-446e-994f-119e299e4f09 |
| Body |
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| Case Number |
Service Appeal No. 477 of 1990 |
| Decision Date |
Jan 03, 1993 |
| Hearing Date |
|
| Decision |
The appeal by Raja Abdur Rashid Khan against the Secretary of the Revenue Department's order on seniority was dismissed. The Tribunal determined that the seniority of Naib-Tehsildars should be based on the order of merit assigned by the Revenue Commissioner. In the absence of a merit list, seniority should take effect from the actual date of joining the department. The Tribunal found that the appellant's claims regarding seniority were not substantiated by the records, as he joined the Revenue Department on 21-5-1980, and thus his seniority was rightly reckoned from that date, not earlier. The Secretary's order allowing seniority from 1-7-1978 was deemed excessive, and the appeal was therefore dismissed without any order as to costs. |
| Summary |
This case revolves around the inter se seniority of Naib-Tehsildars within the Revenue Department of Azad Jammu and Kashmir. The appellant, Raja Abdur Rashid Khan, contested the decisions made by the Secretary of the Revenue Department which placed him junior to several other respondents. The key legal principle established in this case is that seniority is determined based on the actual date of joining the department when no merit list is available. The Tribunal emphasized that any service rendered outside the department does not contribute to seniority. This ruling reinforces the importance of adherence to established service rules in determining seniority and the necessity for clear documentation in administrative decisions. The case highlights the procedural aspects of seniority determination within governmental departments, ensuring that all civil servants are treated equitably based on their actual service records. Key terms include 'seniority,' 'Naib-Tehsildar,' 'Revenue Department,' and 'administrative justice,' which are critical for understanding the implications of this ruling. |
| Court |
Service Tribunal (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Sajawal Khan,
Mirza Zaidullah
|
| Lawyers |
Raja Muhammad Hanif Khan,
Sardar Muhammad Sadiq,
Syed Nazir Hussain Shah,
Farooq Hussain Kashmiri
|
| Petitioners |
Raja Abdur Rashid Khan
|
| Respondents |
15 others,
Secretary, Revenue Department, Azad Jammu and Kashmir Government
|
| Citations |
1993 SLD 1737,
1993 PLC 1672
|
| Other Citations |
Not available
|
| Laws Involved |
Jammu and Kashmir Revenue Officers Service Rules, 1970
|
| Sections |
R.10(1)
|