1992 PLP (C (PLC(CS))
Mst. NASRIN FAIZ and others Versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Azad J&K High Court |
| Bench Members | Khawaja Muhammad Saeed J |
| Parties | Mst. NASRIN FAIZ and others Versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR |
| Primary Law | (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), (a) Civil service |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), (a) Civil service 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 Azad J&K High Court bench comprising: Khawaja Muhammad Saeed 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)) (Mst. NASRIN FAIZ and others Versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Akram Khan, G.M. Mughal, deputising for M.H. Gilani and Rafique Mahmood Khan for Petitioners.
- Addl. A.-G., Sher Zaman Awan, Muhammad Hanif Khan, Muhammad Yunus Tahir for Respondents.
Headnotes / Summary
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44-- Constitutional petition
Application to be impleaded as a proforma defendant in Constitutional petition
No definite relief had been sought for through such application
Application wherein, no definite prayer had been made, deserved no consideration and same was to be dismissed.
Ss. 44 & 47
Azad Jammu and Kashmir Service Tribunal Act, 1975, Ss. 2(b) & 4
Azad Jammu and Kashmir Civil Servants Act, 1976, S. 9
Constitutional jurisdiction vested in the High Court under S. 44, Azad Jammu and Kashmir Interim Constitution Act, 1974, stood ousted in matters relating to terms and conditions of service of civil servants, pursuant to S. 47(1.), Azad Jammu and Kashmir Interim Constitution Act, 1974 where under Service Tribunal had been established to adjudicate in matters relating to terms and conditions of service of civil servants
Ouster of jurisdiction with regard to matters relating to terms and conditions of services of civil servants, was thus, absolute and unqualified
Civil servants' case, as per averments in their constitutional petitions, exclusively fell within jurisdiction of Service Tribunal
Civil servants' plea, that they having been promoted were subsequently reverted, was triable exclusively through appeal, before Service Tribunal
Constitutional petition relating to terms and conditions of service of civil servants being not maintainable, was dismissed. Muhammad Azhar v. General Manager (Operation), Power, WAPDA, Lahore PLD 1990 Lah. 352. ref. PLD 1980 AJ&K (SC) 5 rel.
S. 44
Constitutional petition
Civil servants challenging their reversion after promotion, which they availed for some time
Civil servants not impleading those persons who had been appointed to the posts previously retained by them
Such persons being necessary party, no order could be passed in discretionary jurisdiction at their back without impleading them
Constitutional petition was not maintainable from such angle as well, when considered. Raja Sher Muhammad Khan for Mst. Bushra Mahmooda Khatoon.
Judgment & Decree
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44-- Constitutional petition
Application to be impleaded as a proforma defendant in Constitutional petition
No definite relief had been sought for through such application
Application wherein, no definite prayer had been made, deserved no consideration and same was to be dismissed. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
Ss. 44 & 47
Azad Jammu and Kashmir Service Tribunal Act, 1975, Ss. 2(b) & 4
Azad Jammu and Kashmir Civil Servants Act, 1976, S. 9
Constitutional jurisdiction vested in the High Court under S. 44, Azad Jammu and Kashmir Interim Constitution Act, 1974, stood ousted in matters relating to terms and conditions of service of civil servants, pursuant to S. 47(1.), Azad Jammu and Kashmir Interim Constitution Act, 1974 where under Service Tribunal had been established to adjudicate in matters relating to terms and conditions of service of civil servants
Ouster of jurisdiction with regard to matters relating to terms and conditions of services of civil servants, was thus, absolute and unqualified
Civil servants' case, as per averments in their constitutional petitions, exclusively fell within jurisdiction of Service Tribunal
Civil servants' plea, that they having been promoted were subsequently reverted, was triable exclusively through appeal, before Service Tribunal
Constitutional petition relating to terms and conditions of service of civil servants being not maintainable, was dismissed. Muhammad Azhar v. General Manager (Operation), Power, WAPDA, Lahore PLD 1990 Lah. 352. ref. PLD 1980 AJ&K (SC) 5 rel. (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
S. 44
Constitutional petition
Civil servants challenging their reversion after promotion, which they availed for some time
Civil servants not impleading those persons who had been appointed to the posts previously retained by them
Such persons being necessary party, no order could be passed in discretionary jurisdiction at their back without impleading them
Constitutional petition was not maintainable from such angle as well, when considered. Muhammad Akram Khan, G.M. Mughal, deputising for M.H. Gilani and Rafique Mahmood Khan for Petitioners. Addl. A.-G., Sher Zaman Awan, Muhammad Hanif Khan, Muhammad Yunus Tahir for Respondents. Raja Sher Muhammad Khan for Mst. Bushra Mahmooda Khatoon.