ADNAN SHAZIB vs AZAD JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION through Chairman, Muzaffarabad R

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ADNAN SHAZIB VS AZAD JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION through Chairman, Muzaffarabad R.12---Lien---Scope---If the appointment/ promotion/transfer of a civil servant is subject to passing any examination, test, course or completion of training then during probation the post cannot be termed as completely vacant and in other case the same shall be deemed as vacant. Head NotesCase Description Citation Name: 2023 PLC(CS) 223 HIGH-COURT-AZAD-KASHMIRBookmark this Case ADNAN SHAZIB VS AZAD JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION through Chairman, Muzaffarabad art.44---Fundamental Rules, Rr. 9(13) & 12---Lien---Scope---Petitioner was placed at top of the waiting merit list---Petitioner invoked writ jurisdiction of the High Court claiming therein that the department withheld two posts which were available at the time of issuance of advertisement and that he was serving on the post of Lecturer on ad hoc basis which was also a proof of the fact that the department had withheld the posts---Contention of department was that a post had fallen vacant due to transfer of a lecturer to another university but his appointment in the university had not been confirmed and that he was on probation for a period of two years, therefore, it could not be said that post left by him was permanently vacant---Validity---Notification regarding permanent appointment of said lecturer in the university depicted that no condition regarding passing of prescribed examination, test, course or successful completion of any training was attached to his appointment, therefore, from the date of his appointment the post was vacant for appointment---Lien could not be indefinitely held as a person could not be placed in two departments at the same time---Lien terminated when a person was appointed on permanent basis to the new post---Writ petition was accepted and the department was directed to issue appointment order of the petitioner against the vacant post. Head NotesCase Description

ADNAN SHAZIB vs AZAD JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION through Chairman, Muzaffarabad R — 2023 PLC(CS) 223 HIGH-COURT-AZAD-KASHMIR

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