- Sections 7 & 16 — AJ&K Teachers Foundation Rules, 2005 — appointment of Managing Director — tenure of the post — qualification and mode for appointment — tenure of the post of Managing Director is 3 years — Held: only serving DPIs. or holder of equal posts or Directors/Divisional Director of Education are eligible to be appointed as Managing Director Teachers Foundation by transfer on deputation — Further held: a person who is not holding the post of DPI of Education or equal post in the Education Department or Director/Divisional Director of Education Deptt., is not eligible to be appointed as Managing Director. Azad Govt. & 3 others v. Mrs. Jamshed Naqvi & 2 others 2014 SCR 13 (D&E)
- Section 7 — AJ&K Teachers Foundation Rules, 2005 read with rule 15 of AJ&K Civil Servants (Appointment and Conditions of Service) Rules, 1977 — appointment by transfer — appointment by transfer on deputation — Managing Director — mode of appointment — the concept of appointment by transfer is relevant to a civil servant who is appointed on regular basis. A Govt. servant may be transferred till he is in Govt. service on regular basis. Held: there is no concept of transfer of civil servant after he/she retires from service. Rule 15 deals the deputation — a civil servant, who fulfils the conditions and is considered suitable may be sent for deputation to an autonomous or semi-autonomous organization; established by law, on such terms and conditions as may be decided by the appointing authority — DPIs. of Education or holder of equalent posts or Directors/Divisional Directors of Education Department may be appointed on deputation as Managing Director Teacher Foundation — Further held: the appointment is by transfer on deputation. No other mode of appointment is permissible. Azad Govt. v. Mrs. Jamshed Naqvi & 2 others 2014 SCR 13 (F)
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