Raja MUMTAZ AHMED RATHORE, ADDITIONAL SECRETARY, AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY, MUZAFFARABAD vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR arts — 2023 PLC(CS)N 26 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2023 PLC(CS)N 26 HIGH-COURT-AZAD-KASHMIR
Year: 2023
Reporter: PLC
Parties: Raja MUMTAZ AHMED RATHORE, ADDITIONAL SECRETARY, AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY, MUZAFFARABAD vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR arts
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

Raja MUMTAZ AHMED RATHORE, ADDITIONAL SECRETARY, AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY, MUZAFFARABAD VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR arts.44 & 4(4)---azad Jammu and Kashmir allocation (accommodation) Rules, 1981, R.3---Civil service---Employees of "special institution"---allotment of official accomodation---Cancellation of---Equal protection of law---Scope---Petitioners (employees of special institutions) were declared not entitled for official accommodation being employees of "special institutions"---Validity---Petitioners were employees of special institutions---Provision of R.3 of azad Jammu and Kashmir allocation (accommodation) Rules, 1981 was against art.4(4) of azad Jammu and Kashmir Interim Constitution act, 1974 which enshrined equal protection to all the state subjects---Petitioners-employees were entitled for allotment of official accommodation owned by the government according to law---High Court observed that R.3 of azad Jammu and Kashmir allocation (accommodation) Rules, 1981 should be amended so that employees of "special institutions" could avail official accommodation as well---Petitioners should not be dispossessed from the official accommodation allotted to them as per seniority and merit---Writ petition was accepted, in circumstances. Head NotesCase Description Citation Name: 2023 PLC(CS)N 26 HIGH-COURT-AZAD-KASHMIRBookmark this Case Raja MUMTAZ AHMED RATHORE, ADDITIONAL SECRETARY, AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY, MUZAFFARABAD VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art.4(4)---Equal protection of law---Discrimination---Principles. Head NotesCase Description

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