1992 PLP (C (PLC(CS))
NAZIR HUSSAIN QURESHI Versus SECRETARY, AGRICULTURE DEPARTMENT, MUZAFFARABAD and 6 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 |
| Parties | NAZIR HUSSAIN QURESHI Versus SECRETARY, AGRICULTURE DEPARTMENT, MUZAFFARABAD and 6 others |
| Primary Law | (a) Azad Jammu and Kashmir Service Tribunals Act, 1975, (b) Azad Jammu and Kashmir Service Tribunals Act, 1975 |
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 Tribunals Act, 1975, (b) Azad Jammu and Kashmir Service Tribunals Act, 1975 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.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (NAZIR HUSSAIN QURESHI Versus SECRETARY, AGRICULTURE DEPARTMENT, MUZAFFARABAD and 6 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Aslam Rathore for Appellant.
- Raja Muhammad Hanif Khan for Respondents Nos. 1 and 2.
- Sardar Rafique Mahmood for Respondent No. 7.
Headnotes / Summary
S. 4
Azad Jammu and Kashmir Civil Servants (Appeal) Rules, 1982, R.4
Civil servant challenging respondent's promotion after one year, and that too, through review petition instead of addressing an appeal in accordance with Azad Jammu and Kashmir Civil Servants (Appeal) Rules, 1982, before next higher Authority within period of sixty days
Civil servant availed of the departmental remedy against order in question, by way of appeal after exhausting prescribed period of limitation-- Review petition before respondent Authority being without jurisdiction, time spent in pursuing such review application could not be excluded out of the period of limitation provided for an appeal before Service Tribunal
Appeal not preferred within prescribed period before departmental Authority would also make appeal before Service Tribunal as not maintainable. 1988 PLC (C.S.) 820 and 1986 PLC (C.S.) 281 rel.
S. 4
Appeal against promotion of respondents
Civil servant himself admitted promotion of respondents to the higher grade while he was posted out of office on deputation and he failed to challenge their promotion at proper time
Civil servant had thus, lost his right to file appeal.
Judgment & Decree
S. 4
Azad Jammu and Kashmir Civil Servants (Appeal) Rules, 1982, R.4
Civil servant challenging respondent's promotion after one year, and that too, through review petition instead of addressing an appeal in accordance with Azad Jammu and Kashmir Civil Servants (Appeal) Rules, 1982, before next higher Authority within period of sixty days
Civil servant availed of the departmental remedy against order in question, by way of appeal after exhausting prescribed period of limitation-- Review petition before respondent Authority being without jurisdiction, time spent in pursuing such review application could not be excluded out of the period of limitation provided for an appeal before Service Tribunal
Appeal not preferred within prescribed period before departmental Authority would also make appeal before Service Tribunal as not maintainable. 1988 PLC (C.S.) 820 and 1986 PLC (C.S.) 281 rel. (b) Azad Jammu and Kashmir Service Tribunals Act, 1975
S. 4
Appeal against promotion of respondents
Civil servant himself admitted promotion of respondents to the higher grade while he was posted out of office on deputation and he failed to challenge their promotion at proper time
Civil servant had thus, lost his right to file appeal. Muhammad Aslam Rathore for Appellant. Raja Muhammad Hanif Khan for Respondents Nos. 1 and
2. Sardar Rafique Mahmood for Respondent No. 7.