- Upgradation of Posts Rules, 1984 — rules 2 to 4 read with section 2 of AJ&K Civil Servants Act, 1976 —appointment against the post of Director General, B-20—post upgraded from B-19 to B-20 vide notification dated 12.9.2003 — for appointment against the post no rules are on statute book — legal proposition whether for appointment against the post of Director General Local Govt. B-20 framing of rules is necessary or not — the upgradation of posts and change of nomenclature notification provides that these posts shall be regulated under the Upgradation of Posts Rules, 1984 — a bare reading of rules 2, 3 and 4 clearly speaks that the appointment against the upgraded post shall be made in the prescribed manner. Word ‘prescribed is defined in clause (I) subsection 1 of section 2 of civil servants Act, 1976 as prescribed by rules. Held: in presence of clear statutory provisions and position there remains no ambiguity that for the upgraded post of Director General Local Govt. B-20, framing of rules is a legal requirement. Kamran Hafeez v. Azad Govt. & 4 others 2014 SCR 676 (A)
- Director General Local Govt. B-20 — appointment of — no rules for appointment against the post — contention that post be placed in common pool cadre — for appointment against the post of common pool cadre strength B-20, the civil servants of the concerned deptt. in the relevant cadre i.e. officer B-19 according to rules and seniority is also to be considered. Thus after framing of rules eligible officers of the deptt. in grade B-19 be considered for appointment. Held: unless there are specific rules for the post of Director General B-20 containing the cadre, qualification and other requirements, all the other process for appointment becomes irrelevant. Kamran Hafeez v. Azad Govt. & 4 others 2014 SCR 676 (C) 1992 SCMR 468 rel.
- Appointment against upgraded post of Director General B-20 — no rules for appointment against the post — order of appointment — challenge to — appellant seeking direction for making of rules — locus standi of appellant to file appeal — for appointment against the upgraded post, prescribed mode by the rules is prerequisite, thus every incumbent of the department whose cadre or class can be considered for promotion, may have legal expectations, thus to the extent of demand of framing of rules, Held: All such civil servants can be termed as aggrieved person. Order of appointment of Director General Local Government has been issued in vacuum without a prescribed mode, therefore, it is held that appellant has got locus standi and legal grievance to challenge such order. Kamran Hafeez v. Azad Govt. & 4 others 2014 SCR 676 (D)
- Appointment against post of Director General Local Govt. B-20 — no prescribed mode or rules for appointment — Held: in absence of the prescribed mode or rules, the post cannot be kept vacant for an indefinite period. In such an eventuality while following the principle of law laid down in the case reported as 1992 SCMR 468, holder of post will continue to perform the functions till framing of rules and permanent appointment of a person in accordance with law. Kamran Hafeez v. Azad Govt. & 4 others 2014 SCR 676 (E)
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