NOMAN JAVEED vs SENIOR MEMBER BOARD OF REVENUE through Secretary Board of Revenue R — 2021 PLC(CS)N 31 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation: 2021 PLC(CS)N 31 SUPREME-COURT-AZAD-KASHMIR
Court: Supreme Court of Pakistan
Year: 2021
Reporter: PLC
Parties: NOMAN JAVEED vs SENIOR MEMBER BOARD OF REVENUE through Secretary Board of Revenue R
Subject matter: Service

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NOMAN JAVEED VS SENIOR MEMBER BOARD OF REVENUE through Secretary Board of Revenue R.9---azad Jammu and Kashmir Board of Revenue Department Division and District Ministerial Service Rules, 2014, Preamble---Qanun-e-Shahadat (10 of 1984), arts. 117, 118 & 122---appointment against the post of assistant in the revenue department---Withholding of a post by the department---Subsequent advertisement---Petitioner qualified test and interview and was placed at serial No. 2 of merit list but could not be appointed due to non-availability of post---Contention of petitioner was that another post was available before advertisement but same had been withheld---Writ petition filed by petitioner candidate was dismissed---Validity---Board of Revenue had powers to determine the category in which the post of assistant would fall i.e. either direct recruitment quota or promotion quota---Department was yet to ascertain whether the second post which fell vacant due to officiating promotion would fall in the quota of direct recruitment or same was to be filled in by promotion---Nothing was on record that post in dispute was of direct quota and had been withheld by the department---Selection should be made against the posts lying vacant in accordance with the method provided for filling the posts of that category---Petitioner should have brought on record the details to the effect that post in question was lying vacant against the direct quota and authorities had withheld the same---One who had asserted a specific fact was to prove the same---No illegality or irregularity had been pointed out in the impugned judgment passed by the High Court---appeal was dismissed, in circumstances.

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