| Case ID |
fa108b65-c359-4dff-a1d8-ce8b70c293d3 |
| Body |
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| Case Number |
Service Appeal No. 474 of 1990 |
| Decision Date |
Dec 31, 1992 |
| Hearing Date |
|
| Decision |
The appeal by Syed Aftab Hussain Shah Gardaizi against the Secretary, Revenue Department's order dated 25-10-1989 was allowed. The Tribunal found that the delay in filing the appeal was justifiable as the appellant was not informed of the impugned order, which he became aware of only on 16-12-1989. The Tribunal ruled that the seniority among Naib-Tehsildars must be determined based on the date of their actual appointment and not merely on approved candidacy. Therefore, the previous seniority list of 1985 was upheld, restoring the appellant's seniority position, and the impugned order was declared illegal and set aside. The case highlighted the importance of transparency and proper communication in administrative orders affecting service members. |
| Summary |
This case revolves around the seniority dispute between Syed Aftab Hussain Shah Gardaizi and several Naib-Tehsildars within the Azad Jammu and Kashmir Revenue Department. The appellant challenged the Secretary's order that altered his seniority position without due process. The Tribunal emphasized adherence to established service rules and the necessity of notifications regarding administrative decisions. The ruling reinstated the appellant's rightful position in the seniority list based on his earlier appointment date, reinforcing principles of fairness and due process in civil service rankings. This case is essential for understanding administrative law and employee rights within government services in Azad Jammu and Kashmir, highlighting the necessity for clear communication and adherence to established protocols in service matters. |
| Court |
Service Tribunal (AJ&K)
|
| Entities Involved |
Revenue Department,
Azad Jammu and Kashmir Government
|
| Judges |
Sardar Muhammad Sajawal Khan,
Mirza Zaidullah
|
| Lawyers |
Sardar Rafique Mahmood,
Addl. A: G. for Respondent No. 1,
Syed Nazir Hussain Shah for Respondents Nos.4, 5, 7 and 12,
Farooq Hussain Kashmiri for Respondent No.9,
Raja Muhammad Hanif Khan for Respondent No.15
|
| Petitioners |
Syed Aftab Hussain Shah Gardaizi
|
| Respondents |
Azad Jammu and Kashmir Government through Chief Secretary,
Raja Muhammad Siddique,
Malik Muhammad Siddique,
Muhammad Sulaiman,
Kh. Pervaiz,
Raja Muhammad Azam Khan,
Ghulam Nabi Mir,
Syed Muhammad Abbas,
Syed Imtiaz Hussain Shah,
Raja Shafique Ahmad Khan,
Malik Naeem Tariq,
Raja Abdul Rashid Naib-Tehsildar
|
| Citations |
1993 SLD 1735,
1993 PLC 1659
|
| Other Citations |
Not available
|
| Laws Involved |
Azad Jammu and Kashmir Service Tribunal Act, 1975,
Azad Jammu and Kashmir Revenue Officers Rules, 1970
|
| Sections |
4,
10(1)
|