1992 PLP (C (PLC(CS))
ZIA-UD-DIN ABDUL HAMID Versus AZAD JAMMU ANA KASHMIR GOVERNMENT through Secretary Education and 95 others
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Service Tribunal Azad J&K |
| Bench Members | Sardar Muhammad Sajawal Khan, Chairman, and Raja Muhammad Ashraf Kayani, Member and Mirza Zadullah Khan, Additional Member |
| Parties | ZIA-UD-DIN ABDUL HAMID Versus AZAD JAMMU ANA KASHMIR GOVERNMENT through Secretary Education and 95 others |
| Primary Law | Azad Jammu and Kashmir Service Rules, Vol. I, Per Sardar Muhammad Sajawal Khan, Chairman, Mirza Zadullah Khan, Additional Member, agreeing: |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: Azad Jammu and Kashmir Service Rules, Vol. I, Per Sardar Muhammad Sajawal Khan, Chairman, Mirza Zadullah Khan, Additional Member, agreeing: as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Service Tribunal Azad J&K bench comprising: Sardar Muhammad Sajawal Khan, Chairman, and Raja Muhammad Ashraf Kayani, Member and Mirza Zadullah Khan, Additional Member.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (ZIA-UD-DIN ABDUL HAMID Versus AZAD JAMMU ANA KASHMIR GOVERNMENT through Secretary Education and 95 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Nazir Hussain Shah for Appellant.
- Kh. Abdus Samad for Respondents.
Headnotes / Summary
Art. 84--Azad Jammu and Kashmir Education Department Subordinate Senior Schools Branch (Non-gazetted) Cadre Rules, 1975, R.10
Azad Jammu and Kashmir Civil Servant (Appointment and Condition of Service) Rules, 1972, R.8
Civil servant being school teacher not only was senior to fellow school teachers, but had clean slate of his career of service and his assessment of demerits was also not available on file excepting that he had misfortune of not clearing B.Ed. Examination in his' first attempt as he having been placed in compartment, cleared same in next attempt
Civil servant admittedly was given benefit of increment in his time scale of pay alongwith fellow teachers who had earlier passed B.Ed. Examination in first attempt, but he was denied seniority from date when fellow teachers cleared examination and Civil servant was placed in compartment, but was given seniority from date he cleared his compartment
Article 84 of Azad Jammu and Service Rules had provided that if a teacher was placed under compartment at the end of training and ultimately had succeeded in the test, he would be considered to have passed examination within prescribed time
When grade of pay was awarded to civil servant from date of announcement of result when he was placed in compartment, natural justice demanded that his seniority should also be counted from that date
In absence of any provision of rule of procedure by which seniority of person was counted from date which was not a date of awarding of pay scale, civil servant was entitled to get his seniority fixed from date when annual increment in time scale of pay was released in his favour by Department
Had civil servant not qualified examination, position would have been quite different, but he admittedly having cleared his compartment, his right of seniority, could not be snatched arbitrarily on ground that he had passed examination after having been placed under compartment
Date which would matter for determination of seniority of civil servant would be date when result was first declared when he was placed under compartment and date when he was awarded pay scale and not date when he cleared his Compartment.
Judgment & Decree
AZAD JAMMU ANA KASHMIR GOVERNMENT through Secretary Education and 95 others Service Appeal No. 363, decided on 27th January,1992. Per Sardar Muhammad Sajawal Khan, Chairman, Mirza Zadullah Khan, Additional Member, agreeing: - --Art. 84--Azad Jammu and Kashmir Education Department Subordinate Senior Schools Branch (Non-gazetted) Cadre Rules, 1975, R.10
Azad Jammu and Kashmir Civil Servant (Appointment and Condition of Service) Rules, 1972, R.8
Civil servant being school teacher not only was senior to fellow school teachers, but had clean slate of his career of service and his assessment of demerits was also not available on file excepting that he had misfortune of not clearing B.Ed. Examination in his' first attempt as he having been placed in compartment, cleared same in next attempt
Civil servant admittedly was given benefit of increment in his time scale of pay alongwith fellow teachers who had earlier passed B.Ed. Examination in first attempt, but he was denied seniority from date when fellow teachers cleared examination and Civil servant was placed in compartment, but was given seniority from date he cleared his compartment
Article 84 of Azad Jammu and Service Rules had provided that if a teacher was placed under compartment at the end of training and ultimately had succeeded in the test, he would be considered to have passed examination within prescribed time
When grade of pay was awarded to civil servant from date of announcement of result when he was placed in compartment, natural justice demanded that his seniority should also be counted from that date
In absence of any provision of rule of procedure by which seniority of person was counted from date which was not a date of awarding of pay scale, civil servant was entitled to get his seniority fixed from date when annual increment in time scale of pay was released in his favour by Department
Had civil servant not qualified examination, position would have been quite different, but he admittedly having cleared his compartment, his right of seniority, could not be snatched arbitrarily on ground that he had passed examination after having been placed under compartment
Date which would matter for determination of seniority of civil servant would be date when result was first declared when he was placed under compartment and date when he was awarded pay scale and not date when he cleared his Compartment. Syed Nazir Hussain Shah for Appellant. Kh. Abdus Samad for Respondents.