2015 PLP 366 (GBLR)
KAMAL HUSSAIN and others — Petitioners Versus SHABBIR AHMED and others — Respondents
| Citation | 2015 PLP 366 (GBLR) |
| Forum / Court | Supreme Appellate Court |
| Bench Members | N/A |
| Parties | KAMAL HUSSAIN and others — Petitioners Versus SHABBIR AHMED and others — Respondents |
| Primary Law | Gilgit-Baltistan Judicial Service Rules, 2010 |
Q1: What are the key laws and sections cited in 2015 PLP 366 (GBLR)?
This judgment primarily cites: Gilgit-Baltistan Judicial Service Rules, 2010 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2015 PLP 366 (GBLR)?
The case was heard and decided by the Supreme Appellate Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2015 PLP 366 (GBLR) (KAMAL HUSSAIN and others — Petitioners Versus SHABBIR AHMED and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----Rr. 6, 7 & 12 [as amended by Gilgit-Baltistan (Amendment) Judicial Service Rules, 2014]---Supreme Appellate Court Gilgit-Baltistan Rules, 2008, O.XIII---Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, Art. 79---Appointment of employees of the Chief Court---Petition for leave to appeal to Supreme Appellate Court---Advocate-General and Secretary Law, contended that since Government of Gilgit-Baltistan had issued SRO No.909(I)/2014 in exercise of power under Art.79 of the Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009; Chief Court with the approval of the Governor, had amended Rr. 6, 7 & 12 of Gilgit-Baltistan Judicial Service Rules, 2010---Petition for leave to appeal, in circumstances, had become infructuous---Advocate for the petitioners, contended that appellants who had applied for the post of Civil Judges-cum-Judicial Magistrate, their maximum age be calculated from the date of filing of their applications for such posts---Contentions raised by counsel for both the petitioners and respondents were genuine and were in accordance with law, same were allowed---Registrar, Chief Court, was directed to implement the order of Supreme Appellate Court in its letter and spirit and vacant posts be filled in at the earliest---Process of examination and test/interview thereto be complied expeditiously, so that the successful candidates on merits be selected and appointed as Civil Judges-cum-Magistrates accordingly.
- Advocate-General Gilgit-Baltistan along with Rahim Gul, Secretary Law, GB.
- Malik Shafqat Wali, Senior Advocate along with Amjad Hussain, Advocate for Petitioners.
- The learned Advocate General, Gilgit-Baltistan along with Mr. Rahim Gul, Secretary Law, Gilgit-Baltistan contends that since the Government of Gilgit-Baltistan issued Gazzet SRO No. 909(1)/2014 in exercise of power conferred by Article 79 of the Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, the Chief Judge, Chief Court with the approval of Governor Gilgit-Baltistan amended in Rules 6, 7 and 12 of the Gilgit-Baltistan Judicial Service Rule, 2010 the same notification is reproduced as under:-
- In view of the above, this petition become infructous, the order dated 06.06.2014 is hereby recalled. Mr. Amjad Hussain, Advocate for the petitioners contends that the applicants who applied for the posts of Civil Judges-cum-Judicial Magistrates their maximum age be calculated from the date of filing of their application for such posts.
Headnotes / Summary
Rr. 6, 7 & 12 [as amended by Gilgit-Baltistan (Amendment) Judicial Service Rules, 2014]
Supreme Appellate Court Gilgit-Baltistan Rules, 2008, O.XIII
Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, Art. 79
Appointment of employees of the Chief Court
Petition for leave to appeal to Supreme Appellate Court
Advocate-General and Secretary Law, contended that since Government of Gilgit-Baltistan had issued SRO No.909(I)/2014 in exercise of power under Art.79 of the Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009; Chief Court with the approval of the Governor, had amended Rr. 6, 7 & 12 of Gilgit-Baltistan Judicial Service Rules, 2010
Petition for leave to appeal, in circumstances, had become infructuous
Advocate for the petitioners, contended that appellants who had applied for the post of Civil Judges-cum-Judicial Magistrate, their maximum age be calculated from the date of filing of their applications for such posts
Contentions raised by counsel for both the petitioners and respondents were genuine and were in accordance with law, same were allowed
Registrar, Chief Court, was directed to implement the order of Supreme Appellate Court in its letter and spirit and vacant posts be filled in at the earliest
Process of examination and test/interview thereto be complied expeditiously, so that the successful candidates on merits be selected and appointed as Civil Judges-cum-Magistrates accordingly.
Judgment & Decree
DR. RANA MUHAMMAD SHAMIM, C.J.
The learned counsel for the petitioner contends that there is no infirmity and illegality in the judgment passed by the learned Division Bench of Chief Court, Gilgit-Baltistan in Writ Petition No. 3/2012 dated 10.09.2012 which is based in accordance of the facts, circumstances and procedure to appoint the Judges in various High Courts of the Provinces of Pakistan. The learned Advocate General, Gilgit-Baltistan along with Mr. Rahim Gul, Secretary Law, Gilgit-Baltistan contends that since the Government of Gilgit-Baltistan issued Gazzet SRO No. 909(1)/2014 in exercise of power conferred by Article 79 of the Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, the Chief Judge, Chief Court with the approval of Governor Gilgit-Baltistan amended in Rules 6, 7 and 12 of the Gilgit-Baltistan Judicial Service Rule, 2010 the same notification is reproduced as under:- "PREAMBLE.
Whereas it is expedient further to amend the Gilgit-Baltistan Judicial Service Rules, 2010 for the purposes hereinafter appearing. It is enacted as follows
4. Short title and commencement.
(1) These rules may be called the Gilgit-Baltistan (Amendment) Judicial Service Rules, 2014. (4) They shall come into force at once.
6. Substitution of subsection (1) and (1)(a). In section 6 subsection (1) and (1)(a), the following shall be substituted namely. (1) In case of initial recruitment as Civil Judge-cum-Judicial Magistrate if he is less than twenty-two years more than thirty-five years of age. The maximum age limit would be thirty Five (35) years. (c) In case of Government servant who has served in connection with the affairs of the Federal or the Gilgit-Baltistan Government or in any other department function in Gilgit-Baltistan for a period not less than 05 years, the upper age limit shall be thirty seven years (37 years). No relaxation in upper age limit would be allowed, including the (relaxation of upper age limit) Rules 1993, in any case.
7. Explanation.
In section 7 at the end of Explanation, the following shall be inserted "and Assistant Registrar".
12. Substitution of section 12 of the Gilgit-Baltistan Judicial Service Rules 2010; in section 12, the following shall be substituted namely:
"The Chief Judge may relax any of these rules subject to reason I writing, if the Chief Judge is satisfied that a strict application of the rules would cause undue hardship and his decision shall be final in such matter". MUMTAZ AHMED Registrar In view of the above, this petition become infructous, the order dated 06.06.2014 is hereby recalled. Mr. Amjad Hussain, Advocate for the petitioners contends that the applicants who applied for the posts of Civil Judges-cum-Judicial Magistrates their maximum age be calculated from the date of filing of their application for such posts. The contentions raised by the learned counsel for both the petitioner and respondents are genuine and the same are in accordance with law, hence, the same is allowed. The learned Registrar Chief Court Gilgit-Baltistan is also present in the Court. He is directed to implement the order of this court in its letters and spirits and the vacant posts be filled in at the earliest. The process of examination of its result and test/interview thereto be completed expeditiously, so that the successful candidates on merit be selected and appointed as Civil Judges-cum-Magistrates accordingly. The petition in hand is accordingly disposed of. HBT/201/GB Order accordingly.