| Case ID |
f541d58e-f8f5-46d3-96c5-7c792ed18f96 |
| Body |
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| Case Number |
C.A. No. 44 of 2022 |
| Decision Date |
Oct 12, 2022 |
| Hearing Date |
Sep 23, 2022 |
| Decision |
The appeal was dismissed on the grounds of being hopelessly time-barred due to the failure of the appellant to explain the delay in filing the appeal before the Service Tribunal. The Court emphasized that a civil servant cannot claim a posting at one station indefinitely and is bound to serve wherever transferred or posted. The appellant's arguments regarding the non-functionality of the Service Tribunal and the issuance of the impugned transfer notification were not sufficient to justify the delay. Furthermore, the appeal filed by the appellant was deemed inadmissible as he failed to array the Board of Revenue as a necessary party in his case, leading to the conclusion that the Service Tribunal's dismissal of his appeal was justified. |
| Summary |
In the case of C.A. No. 44 of 2022, the High Court of Azad Jammu & Kashmir dealt with an appeal filed by Muhammad Qadeer against the judgment of the Service Tribunal which dismissed his appeal regarding a transfer notification issued by the Board of Revenue. The case underscores the principles of the Limitation Act and the obligations of civil servants under the Azad Jammu & Kashmir Civil Servants Act. The Court's decision reiterated that civil servants are required to serve wherever posted and cannot claim postings of their own choice, emphasizing the legal framework governing civil service transfers. The ruling also highlighted procedural requirements for filing appeals within specified timelines, reinforcing the importance of timely action in legal proceedings. This case serves as a significant reference for understanding civil service regulations and the limitations imposed by law on appeals related to service conditions. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Kh. Muhammad Nasim,
Muhammad Younas Tahir
|
| Lawyers |
Mr. Muhammad Haleem Khan,
Sheikh Masood Iqbal
|
| Petitioners |
MUHAMMAD QADEER
|
| Respondents |
Respondent No. 6,
MINISTER OF REVENUE DEPARTMENT, MUZAFFARABAD
|
| Citations |
2023 SLD 7104,
2023 PLJ 52
|
| Other Citations |
2016 SCR 1094,
2020 SCR 127,
2015 SCR 653,
2018 SCR 386,
2014 SCR 456
|
| Laws Involved |
Limitation Act, 1908,
Azad Jammu & Kashmir Civil Servants Act, 1976,
Azad Jammu & Kashmir Service Tribunals Act, 1975
|
| Sections |
14,
9,
4
|