| Case ID |
3b6f673f-c75a-4fdf-a2dd-080ead2bc74d |
| Body |
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| Case Number |
W.P. No. 1504 of 2010 |
| Decision Date |
Mar 24, 2018 |
| Hearing Date |
|
| Decision |
The court accepted the writ petition and directed the official respondents to regularize the petitioner against the post of Assistant Engineer Electricity, B-17, which he has been holding on an ad-hoc basis since June 6, 2005. The decision emphasized the importance of merit and regularization based on the waiting merit list from advertisement No. 01/2006 issued by the Public Service Commission. The court established that the petitioner was entitled to this discretionary relief due to the absence of requisitioning the post to the Public Service Commission and the failure to disclose waiting lists by the respondents. |
| Summary |
In the case of W.P. No. 1504 of 2010, the petitioner, holding the post of Assistant Engineer Electricity, B-17, since June 6, 2005, sought regularization of his position after being appointed on an ad-hoc basis. The case revolved around the Azad Jammu and Kashmir Interim Constitution Act, 1974, particularly Section 44 regarding appointments on an ad-hoc basis. The petitioner argued that despite being qualified and recommended by the Public Service Commission, he was not regularized due to procedural lapses and the failure of the respondents to disclose merit lists. The court concluded that the petitioner was entitled to regularization based on the existing merit list and noted the importance of adhering to fair employment practices in public service appointments. This case highlights issues of meritocracy, administrative transparency, and the rights of civil servants in the context of employment law in Azad Jammu & Kashmir. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Azad Jammu & Kashmir Interim Constitution Act, 1974,
Electricity Department
|
| Judges |
M. Tabassum Aftab Alvi, Chief Justice,
Muhammad Javed Iqbal Khan
|
| Lawyers |
Raja Muhammad Hanif Khan, Advocate,
Syed Serosh Gillani, Legal Advisor of Electricity Department Advocate
|
| Petitioners |
|
| Respondents |
Azad Govt. of State of Jammu & Kashmir through Chief Secretary and 5 others
|
| Citations |
2018 SLD 2791,
2018 PLJ 118
|
| Other Citations |
2009 SCR 1,
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974
|
| Sections |
44
|