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FAZAL-E-RABBI KHAN versus AZAD GOVERNMENT THROUGHCHIEF SECRETARY, MUZAFFARABAD


Appointment of the applicant as a Sub-Engineer under the Writ Writ Petition Civil Service Promotion was made regular in 2006 following the implementation of the law, under which the Department of Electricity Services Rules, 1993 was amended. A quota of 15% was allocated for the development of sub-engineers. On the notification dated 6-12 2010, following the seniority low fitness, the applicant was promoted on the basis of the present charge and on the recommendation of the chairman of the selection board, he was promoted to the post of Assistant Engineer on the basis of the post. At the time of promotion, 55 posts were held at the time of the promoter. Nine posts of Assistant Engineers and the above mentioned posts came to the applicant category quota and the cadre authorities amended the Electricity Department Service Rules 1993 and said that the amended rules of the 15th amendment have been reduced to 5%. That he was entitled to be considered under the rules of the Regulation against the quota and quota reduction available in the morning, the closing rules would not apply to him, as the accumulated right could not be concealed from the spit. The petitioner was promoted on the basis of duty as an Assistant Engineer and did not request the High Court jurisdiction to issue instructions to the authorities to send their case to the concerned. The selection board and meanwhile the rules were amended in which the applicant did not challenge the rules and the quota allocated to the persons in his category was also reduced, without challenging the legality and ownership of the law. The request received could not be approved in the applicant's case. Applicant's rules currently in force

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