AJK Civil Servants (Terms & Conditions of Service) Rules, 1977

  1. —Rule 8 (1) —Seniority—inter-se—determination of—in case of persons appointed by initial recruitment, the seniority shall be determined in accordance with general order of merit—the persons selected for appointment in an earlier selection shall rank senior to the persons selected in a later selection— appellant was selected for appointment subsequently—the selection for appointment of his batch fellows cannot be treated as one and same— appellant’s seniority shall be determined from the date of regular appointment. Syed Mumtaz Hussain Kazmi v. Azad Govt. & others 2022 SCR 672 (A, B & C) 2017 SCR 718 rel.
  2. —Rule 8(1) (c), incorporated in the Rules, on 07.09.2016— determination of inter-se Seniority—subject to final passing of examination—Held: the amended rule clearly postulates that the inter-se seniority of the probationers of Management Group, Secretariat Group and Police Service of AJ&K appointed through AJK PSC shall be determined by the appointing authority after final passing out examination. Rashid Aftab & others v. AJ&K Govt. & others 2022 SCR 1598 (C)
  3. R. 9 — Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Ss.42 & 44 — Promotion —Writ jurisdiction of High Court — Scope — Appellant, who initially was inducted into service as Librarian B.16 in Education Department, later on was granted grade  B-17 and he was transferred for a period of 6 months in a National Library at place ‘J’ and through another notification he was permanently appointed by transfer in transferee library — When the post of Deputy Director BPS-18 became vacant in transferee library, the appellant claimed to be promoted to that post of Deputy Director — Case of appellant was not considered and he filed writ petition which was also dismissed by High Court — Validitly — According to Rules, the post of Deputy Director BPS-18 was to be filled by promotion on the basis of selection on merit from amongst Librarians BPS-17, which five years; service and the appellant fulfilled all the required conditions; he had legal right to be considered for promotion. — Writ petition was dismissed by the High Court on the sole ground that order of appointment of the appellant in transferee Library was issued without recommendation of the respective Selection Board — Authorities had not placed on record any document to prove that the matter of promotion of appellant had been considered and resolved by the authorities — When the authorities had failed to resolve the matter relating to the terms and conditions of civil servant, High Court could, in appropriate cases, in absence of any other adequate remedy could direct the authorities for deciding, the matter in either way — Appellant had not approached the High Court for implementation of the notification, whereby he was permanently appointed by transfer in transferee Library, but he filed writ petition for direction to the authorities for disposal of his processed case relating to promotion against the post of Deputy Director — If the authorities had issued the notification in violation of the prescribed mode on that pretext, civil servant could not be left to the arbitrary discretion of the authorities for an indefinite period — Impugned judgment of High Court was vacated by the Supreme Court and authorities were directed to properly attend to grievance of the appellant with regard to his claim for promotion against the post of Deputy Director, BPS-18 according to rules and law on the subject. Riaz-ul-Hassan v. Azad Government 2012 SCR 17 (A, B, C & D)
  4. —Rule 10-B, AJK Civil Servants (Appointment & Conditions of Service) Rules, 1977—appointment to current charge basis— the appointment on current charge basis can be made when a post is likely to remain vacant for a period of less than six months and appointing authority doesn’t consider it expedient to make an appointment on ad-hoc basis, it may appoint a civil servant, who is eligible for promotion under rules, to that post on current-charge basis. Fahad Ibrar & another v. Azad Government & 4 others  2022 SCR 1163 (K)
  5. —Rule 10-B, AJK Civil Servants (Appointment & Conditions of Service) Rules, 1977—current charge promotion is not promotion—according to Rule 10-B (2) of the Rules, 1977, appointment on current charge basis is not a promotion and it is only valid for a period of six months. It is a fact of elementary knowledge that appointment on current charge basis cannot be deemed to be a promotion. Fahad Ibrar & another v. Azad Government & 4 others  2022 SCR 1163 (M)
  6. — Rule 10-B, AJK Civil Servants (Appointment & Conditions of Service) Rules, 1977—appointment on current charge basis and promotion—Distinction— The actual position is that “appointment on current charge basis” and the “promotion” are distinctly different in every sense. The position becomes clear when we examine the relevant provisions. From the perusal of the relevant provisions i.e. Rule 10- B of the Rules, 1977, it transpires that the word promotion does not occur in the said rule. From it, the conclusion is obvious that an order under rule 10-B is not an order of promotion. Fahad Ibrar & another v. Azad Government & 4 others  2022 SCR 1163 (N)
  7. —Rule 10-B, AJK Civil Servants (Appointment & Conditions of Service) Rules, 1977—current charge appointment is on higher post not on higher grade—pay scale is not mentioned in rule 10-B it is clear that appointment on current charge basis is to a higher post and not to a higher grade. Fahad Ibrar & another v. Azad Government & 4 others  2022 SCR 1163 (O)
  8. —Rule 10-B, AJK Civil Servants (Appointment & Conditions of Service) Rules, 1977—current charge appointment—temporary arrangement—appointment terminates on expiry of six months or on occasion of regular appointment—-Sub-rule (2) makes it clear that appointment made under this rule is a temporary arrangement which is terminated on appointment of a person on regular basis or on the expiry of six months whichever is earlier. The phraseology of sub-rule (2) also shows that appointment on regular basis is a stage which is reached after appointment on current charge basis and the two are not the same. Fahad Ibrar & another v. Azad Government & 4 others  2022 SCR 1163 (P)
  9. — Rule 10-B and 13, AJK Civil Servants (Appointment & Conditions of Service) Rules, 1977—appointment on officiating basis—distinction between current charge and officiating basis— word promotion is not included in 10-B—current charge appointment is not promotion— appointment on officiating basis is a promotion, but the word promotion is conspicuous by absence from rule 10-B. The obvious conclusion is that appointment on current charge basis is not a promotion. Fahad Ibrar & another v. Azad Government & 4 others  2022 SCR 1163 (Q) 1999 SCR 305 and 2000 PLC (CS) 247 rel.
  10. —Rule 10-B (2), AJK Civil Servants (Appointment & Conditions of Service) Rules, 1977—Current charge appointment—can be made only for six months—Appreciating the command of Rule 10-B (2) of the Rules, 1977, that current charge appointment can only be made for six months. Fahad Ibrar & another v. Azad Government & 4 others  2022 SCR 1163 (T)
  11. —Rule 13, AJK Civil Servants (Appointment & Conditions of Service) Rules, 1977— appointment on officiating basis— where a post falls vacant as a result of (ex-cadre) transfer, deputation, leave or appointment on acting charge/officiating basis of the regular incumbent or is reserved under the rules to be filled by transfer or permanently available as vacant and is reserved for regular promotion on the recommendations of the appropriate selection board/committee, the appointing authority may make appointment by promotion against such post on officiating basis. Fahad Ibrar & another v. Azad Government & 4 others  2022 SCR 1163 (L) 2014 SCR 1 rel.
  12. Rule 17 — Mandatory requirement — All posts in grade 1 and above have to be advertised in newspapers before making appointments. Rashid H. v. Gul Afsar Khan 1999 SCR 435 (B)
  13. Any matter which falls within the ambit of terms and conditions of civil servants cannot be resolved by any Court including High Court in exercise of writ jurisdiction except Service Tribunal. M. Suleman and 5 others v. AJK Govt. and 2 others 2001 SCR 372 (A) PLD 1980 SC (AJK) 5 ref.
  14. —Rules, 1977, have been framed under section 23 of the Civil Servants Act, 1976—Different modes of appointment in civil service, have been prescribed under the Rules, 1977—By virtue of the powers contained under section 23 of the Civil Servants Act, 1976, the Government has promulgated the AJK Civil Servants (Appointment & Conditions of Service) Rules, 1977. Under these rules different modes have been prescribed for appointment against the posts in the civil service i.e. appointment by initial recruitment, promotion, on acting charge basis, by transfer, on officiating basis, on deputation and appointment on Adhoc basis. Fahad Ibrar & another v. Azad Government & 4 others  2022 SCR 1163 (F)
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