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MEHMOOB-UR-REHMAN versus AZAD JAMMU AND KASHMIR UNIVERSITY


Section 42 (12) and 47 of the Civil Service Post-Upgrade were rejected by the High Court on the ground that the upgrading of the post was at the discretion of the Authority and could not be issued by the High Court. The use of arbitrary power in a particular way, the legitimate view taken by the High Court was correct because the creation and upgrading of positions, the revision of pay scales and such matters are kept purely in the executive domain and courts are thus Can not interfere in the matters of It can intervene only if there is something illegal, but in such a situation the decision of the High Court cannot be interfered with. The petition for appeal against the High Court decision was dismissed

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