Allegation of discrimination

2014 PLC(CS) 787 HIGH-COURT-AZAD-KASHMIR Judicial Precedent

Ss. 44 & 4Writ petitionCivil servicePolice constableChange of cadre from constable to junior clerk and rechange to constableAllegation of discrimination

Contention of Authority was that neither there was any provision of individual recruitment nor cadre of police force could be changed to ministerial staff

Validity

Department had not specifically denied the contents of writ petition

Evasive denial would amount to admission

Version of department was approbation and reprobation

Petitioner had been waiting for fulfillment of obligation by the department

Other constables junior to the petitioner were adjusted as junior clerk by the department

Petitioner had filed the present petition vigilantly without any delay

Petitioner was competent for absorption as junior clerk

Submission of department with regard to Police Rules was contrary to practice and rules referred by them

Petitioner was an aggrieved person who had been deprived of his fundamental right of "equality before law" and "protection from discrimination"

Department was directed to adjust the petitioner as junior clerk in the Police Department along with all the consequential service benefits forthwith

Writ petition was accepted in circumstances.

2013 PLC(CS) 1031 SUPREME-COURT-AZAD-KASHMIR Judicial Precedent

Upgradation of postAllegation of discriminationCivil servant claimed parity with the post of other departmentService Tribunal accepted appeal of civil servant and directed to promote the civil servantEffect

Mere nomenclature of any post did not entitle the incumbent for the grade and privileges of the same nomenclature of the post in any other department or organization

Neither principle of parity was attracted nor it was recognized by any principle of law enunciated by the superior courts

Civil servant had no locus standi or cause of action

Grant of grades and upgradation of post blindly, without taking into consideration the facts and background of the matter, was not an exercise of jurisdiction in a judicious manner

Service Tribunal had fell in grave error of law and facts while passing the impugned judgment

Order of Service Tribunal for grant of upgradation was set aside.