HAFEEZ-UR-REHMAN ABBASI versus AZAD GOVERNMENT THROUGH CHIEF SECRETARY, AZAD KASHMIR, MUZAFFARABAD
Sections 4 and 9 of the Azad Jammu and Kashmir Service Tribunals Act (XXII of 1975), the appeal of the transfer of section 4 was addressed against the notification, under which the appellant was transferred, the appellant grieved over the transfer notification. It was felt that he was the most senior in the list of all engineers and the charge of the post of sub divisional officer could not be taken away because of his easy transfer. The appellant also claimed that in the presence of a senior employee, he could not be charged with a senior position. The authority to assign the additional charge of a senior position to a junior individual was not provided by the service rules, it acknowledged development practices, the provisions of the service rules, the existing charge, the official basis and regular promotion. Additional senior charge may be assigned. Nothing is considered except a stop gap arrangement and cannot be claimed as a right It cannot be ignored that the appellant was a sub-engineer neutral who was thus performing his duties in the N. And by ineligible notification he was transferred to the post of Sub-Engineer at MA; no such situation was proved wrong in which there was no jurisdiction to hold additional charge at a higher position. A Senior Employee's Appeal Was Not Eligible To Be considered If the sanitary plea was considered, the appellant did not come to appreciate the grieving person because one of his senior had not approached the court and It was presented on the line as a party. Respondents' appellants do not, in the circumstances, praise the provocateur, his appeal
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