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SYED RASHID HUSSAIN SHAH versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR


Claim for promotion of High Court jurisdiction under Section 4, Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 44, Azad Jammu and Kashmir Constitution Act 1974, to maintain the applicant's jurisdiction. Respondents' development was challenged for illegal, discriminatory behavior. Counsel for the respondents without illogical, hypothetical, serious, unlawful and unlawful powers had raised the preliminary objection to the writ petition and argued that the applicant's complaint regarding the terms and conditions of service Has been expressed. The free forum for this purpose was the Azad Jammu and Kashmir Service Tribunal. And the jurisdiction of the High Court was restrained under section 47 of the Azad Jammu and Kashmir Interim Constitution Act of 1974; a written jurisdiction was granted by Hidity and section 44 of the Azad Jammu and Kashmir Interim Authorization Act 1974 The claim for exclusion of jurisdiction could only be claimed within. Parameters; These limitations and restrictions in the jurisdiction of the said High Court were made only in respect of matters for which the exclusive tribunal had jurisdiction; otherwise, the jurisdiction could not be claimed to be denied, The service was qualified and subject to the Tribunal's usual jurisdiction. The AJ was able to appeal against any final order under section 4 of the Service Tribunal Act 1975, so it cannot be assumed that every order relating to the terms and conditions of service appears before the writ of mandamus and prohibited service tribunal. , Could not be issued by the service tribunal. The party that created the mandamus and obstruction writ

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