AJK Electricity Department Services Rules, (2010)

  1. Entry No.7; Column No.8 — AJK Civil Servants Act, 1976, S.23 — Claim for accelerated promotion —Validity of rules — Service Tribunal were dismissed appeal but also declared that appellant was not a civil servant — Pleadings — Every judgment is to be based on the pleadings of the parties and a Court or Tribunal cannot travel beyond the pleadings — Principle of law — Further held, when a person is recommended by the Public Service Commission, he remains as a temporary employee on probation for a period of one year and after completion of probationary period of one year successfully, he is no more a temporary employee provided his performance is satisfactory — Appellant was appointed as Assistant Engineer on ad-hoc basis and was inducted in the service on regular basis on recommendation of Public Service Commission — Held: Finding of Service Tribunal that appellant was not a civil servant was  against record and law, therefore, was set aside by Supreme Court — Rule making powers vest in the Government and it is only the Government which has to frame the rules, the rules cannot be framed for the benefit of a particular person — Contention of appellant was without force — Findings of Service Tribunal that appellants’ appointment was temporary one and did not fall in the definition of civil servant and could not file appeal before Service Tribunal was set aside — Appeal partly allowed. JUDGMENT OF SERVICE TRIBUNAL — (Pleadings)
  2. Impugned decision of Tribunal to extent that appellant was not a civil servant, being beyond pleadings was set aside by Supreme Court. Appeal was partly allowed. Waqar Hanif Versus Azad Government of the State of Jammu and Kashmir through its Chief Secretary, Muzaffarabd (AK) and 4 others  Waqar Hanif v. Azad Govt. and 4 others 2013 SCR (SC AJ&K) 405 
  3. Entry No. 58 — Post of Assistant lineman — employees’ sons quota — 25% — minimum qualification middle—for the post of Assistant Lineman, 25% quota is fixed for employment of the AJ&K Electricity Department Employees’ sons preferably having the qualification of matriculation and minimum qualification is mentioned as Middle Pass — Held: the appointment against the post reserved for employees’ sons quota is recognized by the Rules. Asim Fareed v. Muhammad Ramzan & 6 others 2016 SCR 261 (A)
  4. Post of junior clerk — appointment — mode of — 80% by initial recruitment — 20% by promotion — from amongst Matriculate Naib Qasid,Chowkidar and Qullies etc working in BPS-1 — The statutory rules speak that 80% appointments against the post of Junior Clerk shall be made by initial recruitment and 20% quota has been reserved for promotion of Matriculate Naib Qasid, Chowkidar and Qullies etc. working in BPS-1. Asim Fareed v. M. Ramzan & 6 others 2016 SCR 261 (C) 
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