| Case ID |
e26559f5-3f0d-42ad-93c0-b91f1e341456 |
| Body |
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| Case Number |
C.A. No. 49 of 2020 |
| Decision Date |
Jul 07, 2022 |
| Hearing Date |
Jun 28, 2022 |
| Decision |
The High Court dismissed the appeal of Syed Mumtaz Hussain Kazmi against the Service Tribunal's judgment, which had previously dismissed his appeals regarding his seniority after he was appointed as an Assistant Commissioner. The Court determined that the seniority of the appellant should be established from the date of his regular appointment and not based on the earlier selection of his batch fellows. The Court upheld the Service Tribunal's finding that the appellant was selected for appointment later as per the High Court's directive and that his seniority cannot be considered the same as that of those appointed earlier. The decision emphasized the importance of the rules governing civil servant appointments and the proper interpretation of seniority based on recruitment timelines. |
| Summary |
This case revolves around the determination of seniority of civil servants in the Azad Jammu and Kashmir region. Syed Mumtaz Hussain Kazmi, who was appointed as an Assistant Commissioner, challenged the Service Tribunal's decision regarding his seniority position relative to his batch fellows. The High Court analyzed the application of Rule 8 from the Azad Jammu and Kashmir Civil Servants (Appointment, Terms and Conditions of Service) Rules, 1977. The case highlights the legal intricacies involved in public service appointments, seniority rules, and the impact of court directives on administrative decisions. It underscores the necessity for clarity in recruitment processes and the implications of selection timelines on civil servant status. The ruling reinforces the principle that seniority is determined by the date of regular appointment, particularly when earlier selections are concerned. Legal practitioners and candidates in public service should take note of this judgment as it delineates the boundaries of seniority rights under the applicable rules, which is vital for future appointments and career advancements. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Raja Saeed Akram Khan, CJ,
Raza Ali Khan,
Muhammad Younas Tahir
|
| Lawyers |
Syed Asim Masood Gillani, Advocate for Appellant,
Raja Mazhar Waheed Khan, Addl. Advocate General for Respondents,
Mr. Asghar Ali Mallik, Advocate for Respondents No. 7, 10, 12, 13 & 14
|
| Petitioners |
Syed MUMTAZ HUSSAIN KAZMI, ASSISTANT COMMISSIONER, HAJIRA DISTRICT POONCH
|
| Respondents |
AZAD GOVERNMENT through Secretary Services & General Administration and others
|
| Citations |
2023 SLD 7097,
2023 PLJ 1
|
| Other Citations |
2017 SCR 718,
2017 SCR 950
|
| Laws Involved |
Azad Jammu and Kashmir Civil Servants (Appointment, Terms and Conditions of Service) Rules, 1977,
Azad Jammu and Kashmir Civil Servants Act, 1976,
Azad Jammu Kashmir Management Group (Composition, Recruitment Promotion) Rules, 1980
|
| Sections |
Rule 8
|