ZAID ASIF AWAN vs AZAD GOVERNMENT through Chief Secretary, Azad Government of the State of Jammu and Kashmir art — 2022 PLC(CS) 1554 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2022 PLC(CS) 1554 HIGH-COURT-AZAD-KASHMIR
Year: 2022
Reporter: PLC
Parties: ZAID ASIF AWAN vs AZAD GOVERNMENT through Chief Secretary, Azad Government of the State of Jammu and Kashmir art
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

ZAID ASIF AWAN VS AZAD GOVERNMENT through Chief Secretary, Azad Government of the State of Jammu and Kashmir art.44---Writ petition---Maintainability---Vires of subordinate legislation---Scope---Service rules---Grievance voiced by the petitioner pertained to an amendment brought in the rules which as per his estimation was detrimental to his service rights---Validity---Making of rules was purely within the domain of rules making authority and wisdom of the authority could not be challenged by any individual in a way to ask for framing of rules merely for his benefit and according to his sweet will---Wisdom of rules making authority could not be challenged and questioned at random without alleging any illegality or for that matter any clash between the rules with the parent act vis a vis infringement of any constitutionally guaranteed fundamental rights having direct nexus with the alleged grievance of the petitioner---Competent authority was empowered to fix, alter or enhance qualification of any post according to exigencies of the department---No infringement of law was pointed out by the petitioner in the impugned rules---Writ petition, being not maintainable, was dismissed.

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