1992 PLP (C (PLC(CS))
Syed SHAUKAT HUSSAIN GILLANI Versus ABDUL REHMAN ABBASI and 2 others
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court (AJ&K) |
| Bench Members | Sardar Said Muhammad Khan, CJ. and Basharat Ahmad Shaikh, J. |
| Parties | Syed SHAUKAT HUSSAIN GILLANI Versus ABDUL REHMAN ABBASI and 2 others |
| Primary Law | (a) Azad Jammu and Kashmir Service Tribunal Act, 1975, (b) Azad Jammu and Kashmir Interim Contitution Act (VIII of 1974) |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (a) Azad Jammu and Kashmir Service Tribunal Act, 1975, (b) Azad Jammu and Kashmir Interim Contitution Act (VIII of 1974) 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 Supreme Court (AJ&K) bench comprising: Sardar Said Muhammad Khan, CJ. and Basharat Ahmad Shaikh, J..
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (Syed SHAUKAT HUSSAIN GILLANI Versus ABDUL REHMAN ABBASI and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ghulam Mustafa Mughal Advocate for Appellant.
- Sardar Rafique Mahmood Khan and Raja Muhammad Hanif Khan Advocates for Respondents.
- Date of hearing: 3rd December, 1991.
Headnotes / Summary
(On appeal from the order of the Service Tribunal dated 30-4-1990, in Service Appeal No.406 of 1988).
S.4
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42
Civil servant challenging appointment of another civil servant-- Competency
Civil servant was competent to prefer an appeal only, if he was found to be an aggrieved person
Civil servant challenging appointment of another civil servant, should, prima facie show that he had a chance to be considered for appointment against the post at the relevant time
Where such civil servant was not found to be qualified for appointment either by initial recruitment or otherwise, he could not be permitted to challenge appointment of another civil servant on the ground that although he was not qualified to be considered for the, post yet his rival was also suffering from the same disqualification
Civil servant invoking jurisdiction for redressing his grievance must show that he was an aggrieved person under the relevant law-- Person challenging appointment of another person being himself not qualified to the post could not challenge latter's appointment.
S. 42
Constitutional jurisdiction, exercise of
Person invoking Constitutional jurisdiction for redressing his grievance must show that he was an aggrieved person under the relevant law.
Judgment & Decree
(On appeal from the order of the Service Tribunal dated 30-4-1990, in Service Appeal No.406 of 1988). (a) Azad Jammu and Kashmir Service Tribunal Act, 1975
S.4
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42
Civil servant challenging appointment of another civil servant-- Competency
Civil servant was competent to prefer an appeal only, if he was found to be an aggrieved person
Civil servant challenging appointment of another civil servant, should, prima facie show that he had a chance to be considered for appointment against the post at the relevant time
Where such civil servant was not found to be qualified for appointment either by initial recruitment or otherwise, he could not be permitted to challenge appointment of another civil servant on the ground that although he was not qualified to be considered for the, post yet his rival was also suffering from the same disqualification
Civil servant invoking jurisdiction for redressing his grievance must show that he was an aggrieved person under the relevant law-- Person challenging appointment of another person being himself not qualified to the post could not challenge latter's appointment. (b) Azad Jammu and Kashmir Interim Contitution Act (VIII of 1974)
S. 42
Constitutional jurisdiction, exercise of
Person invoking Constitutional jurisdiction for redressing his grievance must show that he was an aggrieved person under the relevant law. Ghulam Mustafa Mughal Advocate for Appellant. Sardar Rafique Mahmood Khan and Raja Muhammad Hanif Khan Advocates for Respondents. Date of hearing: 3rd December, 1991.