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EJAZ AHMED versus GUL MUHAMMAD


Article 44 Writ Petition, Advocate of the independent body of the competent authority for alternative treatment eligibility has appealed through respondent's counsel that the writ petition was not permissible because the applicant had alternative treatment available because the court Had to decide whether the available treatment was effective and fast. ; And if an order on his face was unlawful, he could be challenged by filing a writ petition. Alternatives should be reasonable, useful, easy, beneficial, fast and effective when the court deems the writ. Order is in effect. The petition was jurisdictional and illegal, there would be no restriction in filing the writ petition, the court would not hesitate to entertain the writ petition, although there was alternative remedy where an employee of a sovereign institution was concerned with the terms and conditions of employment. Is. Azad Jammu and Kashmir was not governed under the Civil Servants Act, 1976 and rules were enacted, writ petition was competent.

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