- AJ&K Civil Servants Act, 1976 & AJ&K Civil Servants (Terms and Conditions of Service) Rules, 1977 — are statutory laws under which mode for appointment of civil servants against different post is prescribed — Held: Any appointment in violation of prescribed mode is illegal and even such appointment cannot be protected by the Legislative Assembly. Razeem Sheikh & 6 others v. Azad Govt. & 3 others 2010 SCR 264 (D) 1994 SCR 341 rel.
- In case of appointment of civil servant otherwise than made on regular basis, the question of probation and confirmation does not arise — Same like the question of confirmation does not arise in case of a civil servant who has been given retrospective or anti-dated promotion under the residuary powers of the government or the authority. Syed Subtain Hussain Kazmi, Tehsildar presently posted at Bagh Development Authority v. Syed Mumtaz Hussain Kazmi, Naib Tehsildar presently posted at office of Deputy Commissioner, Bagh Haveli 2013 SCR 889 (C)
- –appointment may be made only against vacant post—if post not vacant, appointment cannot be made against it—appointment made as such declared as violation of statutory provisions and fundamental rights guaranteed by the Constitution– -There is no cavil with the proposition that no post can be filled in without adopting the manner prescribed by law. The post which is not available for advertisement and it has yet to be vacated on the retirement of an employee, cannot be filled in before its vacation and advertisement. The appointment against such a post which is not vacant and available for advertisement is not only the violation of the statutory provisions but also against the fundamental rights of the people guaranteed by the Constitution. Muhammad Sabir Khan vs Nazakat Ashraf & others 2018 SCR 1107 (A)
- — Prime Minister being one of the highest office of the State carries immense dignity, respect & credibility — every action taken by Govt. functionaries regardless of their position in a State hierarchy must adhere to established procedure, rules & law — the rules and regulations do not grant any authority latitude to make any appointment without following the prescribed legal procedure even the prior precedent lacks the authority to waive or bend any rule or regulation just to accommodate a person of his own choice — any appointment which has been made without following the prescribed procedure of law shall be illegal and the same cannot be protected. Muhammad Jameel Safdar versus Muhammad Iqbal & 11 others 2023 SCR 1035 (I) 2014 SCR 418 & 2023 SCR 39 ref.
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