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ABDUL MAJID, SECTION OFFICER, SERVICES DEPARTMENT, MUZAFFARABAD versus ABDUL LATIF SHAH


Articles 42, 44 and 47 (2) of the Azad Jammu and Kashmir Interim Authorization Act of 1974, the transfer of a civil servant to another department of the Azad Jammu and Kashmir Civil Service Act, 1976 Transferred to another department, filed a writ petition in the High Court and prayed that it directed the department to transfer that the applicants would not be returned to their home departments. The High Court accepted the writ petition and directed that the applicants should not be sent back to their parents' departments. The directives issued by the High Court regarding the terms and conditions of public servants and the rights of such co-public servants were adversely affected. Such High Court guidelines were beyond the scope of permanent qualifications when the terms and conditions of service of public servants were included. Under Section 47 (2), the High Court, Azad Jammu and Kashmir Interim Con- stitution Act, 1974 was completely excluded even in favor of the respondents under Government Section 22, Azad Jammu and Kashmir Civil Servants Act 1976. Was not capable of exercising power because it is said that justice could not be used in violation of the principles of justice and fairness. The court put aside the High Court decision in the circumstances

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