Kashmir Civil Service Rules

Rule 8 — All first appointments to any service or class are to be made by the Government or by any authority empowered by Government on his behalf. Ghulam Mustafa Qureshi v. Azad Government and others 1994 SCR 227 (C)
— Rule 9- First appointment- may be made:-i) by transfer or promotion from another service or class, or ii) by direct recruitment, or iii) partly by (I) and partly by (ii) It follows that the phrase first appointment is used in the Rules if a Govt. servant is promoted to a service or class or if a person is directly recruited to a service or class. — Therefore, according to these Rules the date of first appointment is the date on which a person is promoted or directly recruited. Ghulam Mustafa Qureshi v. Azad Government and others 1994 SCR 227 (AA)
R. 9 — There is no bar in K.S.R. for appointment of a civil servant by transfer. Even otherwise when the Government duly accorded the sanction for counting the services rendered in the Peoples Works Programme Department by the appellant towards Public Works Department and the order having not been challenged by the respondents before any forum they are not entitled to any relief. Ch. Muhammad Zaman v. Azad Govt. & 4 others 1996 SCR 171 (D)
Rule 14- deals with temporary appointments. The concept given in this rule is the same as that of ad hoc appointment in the service laws subsequently framed. A person can only be deemed to begin his first appointment if he is qualified and considered fit to hold the post in accordance with the rules and begins his probation. Ghulam Mustafa Qureshi v. Azad Govt. 1994 SCR 227 (D)
Rule 24- Seniority determination of- the word appointment and the phrase first appointment have not been defined in the K.C.S Rules (commonly known as K.S.R). The phrase ‘ad hoc’ has not been used in these rules but the concept attached with this phrase is duly embodied in the Rules both for promotion and initial recruitment and are called temporary promotion and temporary appointment. Ghulam Mustafa Qureshi v. Azad Government and others 1994 SCR 227 (A)
Rule 24- Seniority has to commence from ‘first appointment’ and not ‘first temporary appointment’- period spent on temporary appointment is not to be counted towards seniority. Ghulam Mustafa Qureshi v. Azad Government and others 1994 SCR 227 (E)
Promotion:- — Promotion does not go by seniority alone. Ghulam Mustafa Qureshi v. Azad Government and others 1994 SCR 227 (F)
Seniority:- — Seniority cannot be claimed from the date of ad hoc appointment which term is synonymous with the term ‘temporary appointment’. Ghulam Mustafa Qureshi v. Azad Government and others 1994 SCR 227 (G)
Period spent by the civil servants on ad hoc or temporary appointments cannot be counted towards seniority. Ghulam Mustafa Qureshi v. Azad Government and others 1994 SCR 227 (H)
Rule 25- When is a Govt. servant promoted ? This rule creates two categories which are separately dealt with respectively in sub rule (A) and sub-rule (B). Sub-rule (A) refers to ‘promotions’ while sub-rule (B) provides for temporary promotions. In Rule 9 the word ‘promotion’ and not the phrase ‘temporary promotion’ has been employed to denote first appointment- It therefore becomes clear that a person can commence first appointment only when he has been promoted in accordance with the relevant rules and not when he is temporarily promoted for a period of 3 months. Ghulam Mustafa Qureshi v. Azad Government and others 1994 SCR 227 (B)
Art. 113 — Under this Article a Government servant ceases to be the Government employee after the absence of five years, even if on leave. Kh. Ghulam M. v. Azad Govt. 1995 SCR 162 (A)
Once respondent No. 3 ceased to be a civil servant the question of relaxing any rules in his favour does not arise. Article 113 of the K.S.R. was to operate ipso facto and no formal order for termination of service is necessary if the case was covered by said Article. Kh. Ghulam Muhammad v. Azad Government & others 1995 SCR 162 (B)