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AJ&K COUNCIL versus ABDUL RASHID TAHIR


Azad Jammu and Kashmir Council Secretariat Employees Medical Allowances and Treatment Rules 980 R1 Azad Jammu and Kashmir Civil Servants Act, 1976, Section 3 Azad Jammu and Kashmir Service Tribunals Act, 1975, Section 4 Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974) ), Under the terms and conditions of the section 47 Civil Service Medical Allowance of Services, which were not provided in the rules of the High Court which were provided in the Azad Jammu and Kashmir Civil Servants Act 1976 or in the rules and conditions Will not be included. In the present case, the rules of service enacted under the Act clearly regulated a provision in connection with the grant of medical allowance to the public servants, the Medical Allowance was incorporated under the terms and conditions of the expression of service of the public servants. Yes, the High Court jurisdiction was completely ousted. Issuing a writ in relation to a case of allowing a medical allowance to a public servant and only the service tribunal will have jurisdiction in this case. Adding service cannot ignore the tribunal's jurisdiction, even including the question of infringement. Fundamental rights were heard by the service tribunal and not by the High Court in exercising jurisdiction.

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