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Cancellation of Appointment Order PLJ 2019 SC AJK 122

PLJ 2019 SC AJK 122 Cancellation of Appointment Order

PLJ 2019 SC AJK 122 Cancellation of Appointment Order, Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974)–Art. 42(10)–Permanent employment as Nursery Man–Cancellation of appointment order–Violation of rules–Filling of Appeal before service Tribunal–Appeal was held infructuous due to revertion of Ex-Nursery Man promoted as Forest Guard–Non issuance of termination order–Modification of judgment–Challenge to–A post of Nursery Man B-1 was advertised vide advertisement dated 3.5.2016–According to merit list placed on record as annexure “PA/1” dated 9.5.2016, petitioner-appellant secured merit position and was appointed as Nursery Man B-1 vide order dated 11.5.2016–He submitted his joining report on same date, however, on 7th October, 2016 when appointment order was acted upon Minister Forests cancelled promotion of one Muhammad Mushtaq against whose post fell vacant and was advertised and appellant, herein, was appointed–It appears that no specific order for termination of appellant, herein, was passed; however, he was not allowed to perform his duty–Vide order dated 3.4.2018 Minister Forests cancelled his earlier order dated 7.10.2016, resultant, promotion as well as appointment of one Muhammad Mushtaq stood restored in such state of affairs appellant has not been terminated and would be deemed to be on duty in absence of specific order–Forests Minister, even otherwise, under rules has no authority to cancel any promotion or appointment order, therefore, we accept appeal of appellant and modify judgment of Service Tribunal dated 20.10.2018 in terms that appeal of appellant before Service Tribunal would be deemed to have been accepted and appellant would be treated as on duty.

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