Final order

  1. Interlocutory orders need not be challenged before the Service Tribunal — S.4 of the AJK Service Tribunal Act 1975 makes it clear that only final order can be challenged — In writ jurisdiction the authority which passes the impugned order is necessary to be arrayed. Abdul Ghaffar Sulehria  v. Azad Govt. & 4 others 2004 SCR 417 (D)
  2. Respondent was denied four increments despite the fact he had obtained higher education, when law for grant of advance increments was still in force — An order which gives rise to grievance of civil servant is final in nature can be challenged before the Service Tribunal. Azad Government & another v. Dr. Latafat Amin & another 2006 SCR 116 (B)
  3. Final order shall be one issued on the recommendations of concerned Selection Authority on regular basis and final order for the purposes of filing appeal shall be the same through which an incumbent has been promoted on regular basis. Abdul Qayyum Durrani v. Legislative Assembly & 4 others 2007 SCR 250 (B)
  4. Contention that appellant was not aware of the final order dated 17.07.2004 and that during the pendency of appeal before Service Tribunal he was not conveyed that respondents No.3 and 4 have been promoted on regular basis, clearly rebutted by the judgment of Service Tribunal wherein at page 4, the Tribunal held that respondents No.3 and 5 have been promoted by order dated 17.07.2004 — By any stretch of imagination it cannot be presumed that appellant has not gone through the judgment recorded by Service Tribunal — Held: It appears to be a case of wilful negligence and carelessness — Appellant had a legal right to come to the Court and assail the order dated 17.07.2004 — But he failed to do so and is denied a valuable right even on the centuries old maxim that ‘law lulls a person who sleeps over his rights’. Abdul Qayyum Durrani v. Legislative Assembly & 4 others 2007 SCR 250 (C)
  5. It is settled principle of law that an order or notification issued in favour of a person cannot either way be looked into if the same has not been challenged. Abdul Qayyum Durrani v. Legislative Assembly & 4 others 2007 SCR 250 (D)
  6. What is final order — civil service appeal before Service Tribunal under section 4 — if a transfer order is cancelled from the date of issuance, it can be termed as a ‘final order’.  It is amenable to appeal before the Service Tribunal but where the order is not cancelled rather it is kept in abeyance, further order in continuation of such order has to be passed wherein the authority may restore the original order by withdrawing the suspension order or pass an order for cancellation of original order.  Such order may be a ‘final order’. Raeesa Mustafa  v. AJK Govt. 2014 SCR 165 (D)
  7. Term — elaboration of — Syed Rasheed Hussain v. Azad Govt. & 3 others 2016 SCR 1327  (B) 2007 SCR 250 & 2014 SCR 165 rel. 
  8. — Writ—Section 4, AJ&K Service Tribunal Act, 1975 — service matter— charge of the post on temporary basis — writ — maintainability of — Held: against an order of assigning the charge of the post on temporary basis, the remedy under section 4 of the AJ&K Service Tribunal Act, 1975, is not available for filing the appeal and the writ petition filed by the respondent has rightly been entertained by the learned High Court. Ansa kausar v. Rashida Begum & others  2022 SCR 1271 (A)
error: Content is protected !!