2024 PLP (C (PLC(CS))
SHAHID AZIZ AWAN, ASSISTANT EDUCATION OFFICER Versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Secretary Elementary and Secondary Education and 6 others
| Citation | 2024 PLP (C (PLC(CS)) |
| Forum / Court | High Court (AJ&K) |
| Bench Members | Syed Shahid Bahar, J |
| Parties | SHAHID AZIZ AWAN, ASSISTANT EDUCATION OFFICER Versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Secretary Elementary and Secondary Education and 6 others |
| Primary Law | Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974) |
Q1: What are the key laws and sections cited in 2024 PLP (C (PLC(CS))?
This judgment primarily cites: Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2024 PLP (C (PLC(CS))?
The case was heard and decided by the High Court (AJ&K) bench comprising: Syed Shahid Bahar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2024 PLP (C (PLC(CS)) (SHAHID AZIZ AWAN, ASSISTANT EDUCATION OFFICER Versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Secretary Elementary and Secondary Education and 6 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qazi Zaheer Ahmed Awan for Petitioner.
- Ejaz Yousuf Awan for Respondent No.6.
Headnotes / Summary
Art. 44
Azad Government of the State of Jammu and Kashmir Rules of Business (Revised), 1985
Petitioner (Assistant Education Officer) filed writ petition seeking directions to set-aside a proposal assertly moved by the Speaker Legislative Assembly in grab of which he would be disturbed from his present place of posting
Held, that apprehension on the basis of facsimile of an alleged proposal of irrelevant office (Speaker Legislative Assembly) provides no room for interference as the Departmental Authorities are under legal obligation to abide by the Constitutionally mandate Rules i.e. Azad Government of the State of Jammu and Kashmir Rules of Business (Revised), 1985
Even otherwise, a proposal of the Speaker Legislative Assembly, for transfer and posting in the Education Department is not relevant, however, the competent authority is clothed with powers to transfer the petitioner as per exigencies of the Department
Thus no vested right can be claimed by the petitioner in said regard
Writ petition, filed by Officer in Education Department, being meritless, was dismissed, in circumstances. Abdul Basit Khan, Legal Advisor for the Education Department.
Judgment & Decree
SYED SHAHID BAHAR, J.
The instant writ petition filed under Article 44 of the AJ&K Interim Constitution, 1974, petitioner seeks a direction to set aside the impugned proposal dated 13.11.2023 for declaring the same as illegal, void ab-initio and against the policy and command of Constitution and to restrain the respondents from disturbing the petitioner from his present place of posting i.e. District Education Officer BS-16 in the garb of the impugned proposal. At the very outset, learned counsel for the petitioner argued that the respondents want to disturb the petitioner from his present place of posting by preparing a fictitious proposal of transfer which has been initiated by respondent No.5, Speaker Legislative Assembly AJ&K, who has no concern with the affairs of Education Department. So, he requested to accept the instant writ petition and to allow the relief claimed by the petitioner. However, learned Legal Advisor appearing for Education Department submitted that no such like proposal has been processed by the Education Department and the impugned proposal has been initiated by respondent No.5 which is fictitious one. He also stated that on the basis of this proposal, the petitioner shall not be disturbed from his present place of posting. Apprehensions on the basis of facsimile of an alleged proposal of irrelevant office provides no room for interference. Departmental authorities are under legal obligation to abide by the Constitutionally mandated Rules i.e. AJ&K Rules of Business, 1985, thus, they are presumed to best know their onions. Argument advanced by Mr. Abdul Basit Legal Advisor for the Education Department seems weighty that proposal of Speaker transfer and posting in Education Department is not relevant. However, the competent authority is clothed with powers to transfer the petitioner as per exigencies of the department, no vested right can be claimed by the petitioner in this regard. The instant writ petition is meritless, hence, the same is dismissed and consigned to record. MQ/11/(HCAJ&K) Petition dismissed.