2023 PLP (C (PLC(CS)N)
RAFEEQ-UL-ISLAM Versus PRINCIPAL GOVERNMENT GIRLS INTER COLLEGE KEL, DISTRICT NEELUM, AZAD KASHMIR and 7 others
| Citation | 2023 PLP (C (PLC(CS)N) |
| Forum / Court | Supreme Court (AJ&K) |
| Bench Members | Raja Saeed Akram Khan, ACJ and Ghulam Mustafa Mughal, J |
| Parties | RAFEEQ-UL-ISLAM Versus PRINCIPAL GOVERNMENT GIRLS INTER COLLEGE KEL, DISTRICT NEELUM, AZAD KASHMIR and 7 others |
| Primary Law | Civil service |
Q1: What are the key laws and sections cited in 2023 PLP (C (PLC(CS)N)?
This judgment primarily cites: Civil service as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2023 PLP (C (PLC(CS)N)?
The case was heard and decided by the Supreme Court (AJ&K) bench comprising: Raja Saeed Akram Khan, ACJ and Ghulam Mustafa Mughal, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2023 PLP (C (PLC(CS)N) (RAFEEQ-UL-ISLAM Versus PRINCIPAL GOVERNMENT GIRLS INTER COLLEGE KEL, DISTRICT NEELUM, AZAD KASHMIR and 7 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Noorullah Qureshi, Advocate for Appellant.
- Raja Ayaz Ahmed, Assistant Advocate General for Respondents.
- 3. Mr. Muhamad Noorullah Qureshi, the learned Advocate for the appellant argued with vehemence that the appellant, herein, was appointed as Naib Qasid against the clear vacancy in Government Inter College Kel after due advertisement. He has been relieved from service as the upgradation was cancelled by the Government and the post occupied by the appellant was shifted to another institution. The learned Advocate further argued that after appointment, the appellant can be relieved from service only in the prescribed manner i.e. either on the ground of misconduct or for any lawful reason after due inquiry. He further argued that the respondents cannot relieve the appellant from service in an arbitrary manner and appoint any other person of their own choice on the shifted post.
- 4. Conversely, Raja Ayaz Ahmed, the learned Assistant Advocate-General appearing for respondents Nos. 3 and 4, herein, submitted with vehemence that the upgradation of Government Girls College Kel was de-notified and the posts created earlier were shifted to another institution, therefore, the appellant has no case and he was not aggrieved to file a writ petition. The learned Advocate further argued that on the shifted post an appointment. has been made by the competent authority.
- 5. We have heard the learned Advocate representing the parties and gone through the record of the case. The perusal of the record reveals that as per policy of Government, Girls Inter College Kel was upgraded as Girls Degree: college Kel, through education package vide notification dated 26.04.2015. Besides others, a post of Naib Qasid was also created and the same was reflected in the Budget of 2015-16. It is the case of the appellant that after test and interview on the recommendations of the respective selection committee, he was appointed as Naib Qasid on 02.05.2016. The order dated 02.05.2016 was endorsed by the Divisional Director Colleges. Muzaffarabad as well. Perusal of record further reveals that during the pendency of the writ petition. The learned Advocate further argued that on the shifted post an appointment has been made by the competent authority.
- 5. We have heard the learned Advocate representing the parties and gone through the record of the case. The perusal of the record reveals that as per policy of Government, Girls Inter College Kel was upgraded as Girls Degree college Kel, through education package vide notification dated 26.04.2015. Besides others, a post of Naib Qasid was also created and the same was reflected in the Budget of 2015-16. It is the case of the appellant that after test and interview on the recommendations of the respective selection committee, he was appointed as Naib Qasid on 02.05.2016. The order dated 02.05.2016 was endorsed by the Divisional Director Colleges Muzaffarabad as well Perusal of record further reveals that during the pendency of the writ petition the post has been shifted to Model Science College Kundal-Shahi erroneously and the department has taken the stand that the said post has been abolished. it also reveals that this post was advertised by the principal Model College Authmuqam along with the other post. As per recc-rd, the appellant was appointed before shifting the post and nobody has stated that the appointment of the appellant was defective or not made in accordance with law. The Director Education Colleges who was summoned has made a statement during the course of arguments that the appellant could not be adjusted due to shifting of the post. However, at the end of day, he agreed to the adjustment of the appellant. Even otherwise no any reason has been stated by him that as to why the appellant, herein, penalized for an act of the authority. He apprehends that the decision will affect the cases of whole Azad Jammu & Kashmir. This apprehension is misconceived as nobody else has challenged the appointment or adjustment well in time. The judgment will operate only to the extent of appellant who sought relief from the Court well in time in view of the law laid down by this Court in the case reported as AJK Government and others v. Fehmida Abdul Hussain and others (2002 PLC (C.S.) 862) it has been observed that: -
Headnotes / Summary
(On appeal from the judgment of the High Court dated 6-9-2019 in Writ Petition No.1306 of 2018).
Scope
Appellant assailed withdrawal of his appointment before the High Court through a constitutional petition, which was dismissed
Record revealed that the appellant was duly appointed; that during pendency of writ petition the post was shifted and that the deaprtment had taken the stance that the said post had been abolished
Appellant was appointed before shifting of the post and nobody had stated that the appointment of the appellant was defective or was not made in accordance with law
Appeal was accepted, judgment passed by High Court was set aside and the appellant was directed to be adjusted on the post carrying the same grade. Azad Jammu and Kashmir Government and others v. Fehmida Abdul Hussain and others 2002 PLC (C.S.) 862 rel.
Judgment & Decree
GHULAM MUSTAFA MUGHAL, J.
The captioned appeal by leave of the Court has been directed against the judgment dated 6-9-2019, passed by the Azad Jammu and Kashmir High Court Writ Petition No. 1306 of 2018.
2. The facts forming the background of the captioned appeal are that the appellant, herein, filed a writ petition before the Azad Jammu and Kashmir High Court stating therein that Girls Inter College, Kel, was upgraded as Degree College under the Educational Package, vide notification dated 26.04.2.015, whereby, in addition to other posts, one post of Naib Qasid, was also allocated in the budget for the year 2015-2016. It is stated that after advertisement and selection process, on the recommendations of the respective selection committee, the appellant, herein, was appointed as Naib Qasid, vide order dated 02.05.2016. It is further stated that the up-gradation of the said College was withdrawn and the posts were shifted somewhere else, in the budget for the year 2018-2019, however, the appellant remained performing his duties in the said college till now. It is further stated that during pendency of the writ petition, it came into the knowledge of the appellant that the said posts have been shifted in the Model Science College, Kundal Shahi. He prayed that the post be re-shifted to its original College or in alternate, he may be transferred to the said post. The other side filed written statement, wherein, the claim of the appellant, herein, was refuted in toto. The learned High Court after necessary proceedings has dismissed the writ petition through the impugned judgment dated 06.09.2019.
3. Mr. Muhamad Noorullah Qureshi, the learned Advocate for the appellant argued with vehemence that the appellant, herein, was appointed as Naib Qasid against the clear vacancy in Government Inter College Kel after due advertisement. He has been relieved from service as the upgradation was cancelled by the Government and the post occupied by the appellant was shifted to another institution. The learned Advocate further argued that after appointment, the appellant can be relieved from service only in the prescribed manner i.e. either on the ground of misconduct or for any lawful reason after due inquiry. He further argued that the respondents cannot relieve the appellant from service in an arbitrary manner and appoint any other person of their own choice on the shifted post.
4. Conversely, Raja Ayaz Ahmed, the learned Assistant Advocate-General appearing for respondents Nos. 3 and 4, herein, submitted with vehemence that the upgradation of Government Girls College Kel was de-notified and the posts created earlier were shifted to another institution, therefore, the appellant has no case and he was not aggrieved to file a writ petition. The learned Advocate further argued that on the shifted post an appointment. has been made by the competent authority.
5. We have heard the learned Advocate representing the parties and gone through the record of the case. The perusal of the record reveals that as per policy of Government, Girls Inter College Kel was upgraded as Girls Degree: college Kel, through education package vide notification dated 26.04.2015. Besides others, a post of Naib Qasid was also created and the same was reflected in the Budget of 2015-16. It is the case of the appellant that after test and interview on the recommendations of the respective selection committee, he was appointed as Naib Qasid on 02.05.2016. The order dated 02.05.2016 was endorsed by the Divisional Director Colleges. Muzaffarabad as well. Perusal of record further reveals that during the pendency of the writ petition. The learned Advocate further argued that on the shifted post an appointment has been made by the competent authority.
5. We have heard the learned Advocate representing the parties and gone through the record of the case. The perusal of the record reveals that as per policy of Government, Girls Inter College Kel was upgraded as Girls Degree college Kel, through education package vide notification dated 26.04.2015. Besides others, a post of Naib Qasid was also created and the same was reflected in the Budget of 2015-16. It is the case of the appellant that after test and interview on the recommendations of the respective selection committee, he was appointed as Naib Qasid on 02.05.2016. The order dated 02.05.2016 was endorsed by the Divisional Director Colleges Muzaffarabad as well Perusal of record further reveals that during the pendency of the writ petition the post has been shifted to Model Science College Kundal-Shahi erroneously and the department has taken the stand that the said post has been abolished. it also reveals that this post was advertised by the principal Model College Authmuqam along with the other post. As per recc-rd, the appellant was appointed before shifting the post and nobody has stated that the appointment of the appellant was defective or not made in accordance with law. The Director Education Colleges who was summoned has made a statement during the course of arguments that the appellant could not be adjusted due to shifting of the post. However, at the end of day, he agreed to the adjustment of the appellant. Even otherwise no any reason has been stated by him that as to why the appellant, herein, penalized for an act of the authority. He apprehends that the decision will affect the cases of whole Azad Jammu & Kashmir. This apprehension is misconceived as nobody else has challenged the appointment or adjustment well in time. The judgment will operate only to the extent of appellant who sought relief from the Court well in time in view of the law laid down by this Court in the case reported as AJK Government and others v. Fehmida Abdul Hussain and others (2002 PLC (C.S.) 862) it has been observed that: - "7 .. On the analogy of this judgment it becomes clear that those who availed the remedy well in time and otherwise deserves relief must be given preference". In view of the statement of Director Education College as well as the record, we accept the, appeal while setting aside this judgment passed by the learned. High Court dated 06:09.2019. Resultantly, the appellant shall be adjusted in view of his appointment on the post carrying the same grade. SA/9/SC (AJ&K) Appeal accepted.