| Case ID |
39796e78-8ad3-4bc5-adb9-ab442afe5d42 |
| Body |
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| Case Number |
Appeal No. 46 of 1977 |
| Decision Date |
Jun 06, 1978 |
| Hearing Date |
|
| Decision |
The appeal was dismissed on the grounds that the appellant, Mir Sadaruddin, was not considered a civil servant as defined under the Azad Jammu & Kashmir Service Tribunal Act, 1975. The court held that the re-employment order by the government was without lawful authority and void due to the appellant's status as a contract employee. The court determined that the Audit and Accounts Department fell under the exclusive jurisdiction of the Government and not the Council, thus rendering the orders issued by the Accountant-General invalid. The decision emphasized the supremacy of the Constitution and clarified that provisions inconsistent with constitutional mandates are void. |
| Summary |
This case revolves around the appeal filed by Mir Sadaruddin against the orders of the Azad Jammu & Kashmir Government regarding his re-employment post-retirement. The Service Tribunal examined the constitutional provisions of the Azad Jammu & Kashmir Interim Constitution Act, 1974, which delineates the executive powers of the Government and the Council. The Tribunal found that the Audit and Accounts Department remained under the Government's jurisdiction, dismissing the claims made by the appellant on the basis of his re-employment. The decision underscores the importance of adhering to constitutional mandates and clarifies the roles of various governmental bodies. The case highlights critical issues regarding employment contracts, civil servant definitions, and the authority of governmental institutions, making it a significant precedent in administrative law within Azad Jammu & Kashmir. |
| Court |
Service Tribunal (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Ashraf Khan,
Kh. Abdus Samad
|
| Lawyers |
B. A. Farooqi,
Sardar Muhammad Rafique, Addl. A.-G.
|
| Petitioners |
Mir Sadaruddin
|
| Respondents |
2 others,
Azad Jammu & Kashmir Government
|
| Citations |
1978 SLD 967,
1978 PLC 92
|
| Other Citations |
Not available
|
| Laws Involved |
Azad Jammu & Kashmir Interim Constitution Act, 1974,
Azad Jammu & Kashmir Service Tribunal Act, 1975,
Azad Jammu & Kashmir Civil Servants Act, 1976
|
| Sections |
19(1),
21(7),
31(2),
31(E),
50(A)(4),
58,
2(b),
13
|