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AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR versus MUHAMMAD HAMEED MUGHAL, FOREST RANGER, REFORESTATION BAGH


In matters relating to the terms and conditions of service of public servants, the High Court directed the government to recognize the petition on the petition filed by the government employees regarding the terms and conditions of their service. Also issued an interim order to do so. Do not amend the relevant rules to harm public servants (applicants). The High Court did not publicize the question as to whether the constitutional petition was enforceable but the objection to the holding of the constitutional petition was not raised before the High Court when the opposition party was not present. The Court itself should have considered the question whether the constitutional petition was influenced by the bar contained in section 47 of the Interim Constitution Bar contained in Section 47 of the Constitution, nor could the proceedings be entertained? In respect of any matter in which the jurisdiction was extended to the Service Tribunal, therefore, under the constitutional obligation, the jurisdictional question was advertised, before enjoying any proceedings relating to the service. The constitutional petition filed by the government employees in the respective High Court regarding their terms and conditions of service was not maintained. The same was admitted for regular hearing in violation of section 47, Azad Jammu and Kashmir Interim Constitution Act of 1974 was the only stand that the High Court had forbade the government from amending certain laws through public servants. A constitutional petition was filed in the High Court. Responsible for dismissal under the circumstances

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