- S. 8 — Promotion — The prevalent practice of ordering civil servants to posts carrying higher grade in their own pay scale should be brought to an end. Promotion is to a post carrying higher grade while the accepted connotation of ‘transfer’ is the shifting of an official to an equal post — There is no concept in the service laws of transferring a civil servant to a post carrying higher grade and that also for an indefinite period. — According to the scheme of law if a vacancy is to be filled by promotion it is to be filled through the promotion/selection Board — However if it cannot be filled immediately a civil servant can be appointed to higher post pending completion of the formalities in accordance with rules 10-A, 10-B and 13 of the 1977 rules — If the rules in force are found wanting in any situation the proper course is that the Govt. should amend the law — The prevalent practice of ordering civil servants to posts carrying higher grade should be brought to an end because the senior persons are left to work in the same position while their juniors enjoy their higher status and enhanced powers without adjudication of their suitability for promotion by the relevant Board. M. Rashid Chaudhary v. Chairman AKLASC & others 1995 SCR 73 (O)
- In the service laws of Azad Jammu and Kashmir there is no concept of appointing permanently or temporarily a civil servant to a post carrying higher grade in his own pay and scale — Under S. 8 of the AJK Civil Servants Act “promotion” to a post carrying higher grade with the accepted connotation of “posting” and “transfer” is moving to a post in the same grade to which a civil servant belongs — Under S. 16 of the Act a civil servant appointed to a post or grade shall be entitled in accordance with the rules to the pay sanctioned for such post or grade — The rules provide only three modes by which a person can be appointed to a post (A) by promotion (B) by transfer and (C) by initial recruitment — the said rules also provide for appointment (I) on acting charge basis (ii) on current charge basis (iii) on officiating basis. Dr. Kh. Mushtaq Ahmad v. Azad Govt & others 1995 SCR 128 (C)
- A civil servant appointed to a post carrying higher grade is elevated in position and exercises higher powers and many persons carrying the same pay and scale serve under him and in some cases senior persons also can be posted to work under him. Dr. Kh. Mushtaq Ahmad v. Azad Govt & others 1995 SCR 128 (D)
- There is no concept of transferring permanently or temporarily a civil servant to a post carrying higher grade in his own pay and scale. M. Yaqoob Khan v. Secretary Forest/Toursim AJ&K and another 1999 SCR 404 (B)
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