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Citation Name: 2024 PLC(CS) 1362 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ABDUL GHAFOOR KAKAR vs Honorable BALOCHISTAN HIGH COURT S — 2024 PLC(CS) 1362 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 PLC(CS) 1362 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
PLC
Parties
Citation Name: 2024 PLC(CS) 1362 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ABDUL GHAFOOR KAKAR vs Honorable BALOCHISTAN HIGH COURT S
Subject matter
Service
Provisions referred to
S. 5---J

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

Citation Name: 2024 PLC(CS) 1362 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ABDUL GHAFOOR KAKAR VS Honorable BALOCHISTAN HIGH COURT S. 5---Judicial Officer relieved from Judicial Service of one province placed at disposal of Judicial Service of Islamabad Capital Territory---Ante-dated promotions, entitlement to---Scope---Judicial Officer, who earlier served in Balochistan Subordinate Judiciary, was presently posted at Islamabad under Islamabad High Court---Judicial Officer (Additional District and Sessions Judge) was deniedante-dated promotion, when he was Judicial Officer on the payroll of Balochistan High Court (BHC)---Plea of the Appellant (Judicial Officer) was that he was entitled to ante-dated promotions in the light of the judgment of the Balochistan High Court /Balochistan Subordinate Judiciary Services Tribunal (SJT) dated 25th April 2016 reported as PLD 2016 Bal. 56---Question was whether the appellant being employee of the Islamabad High Court (IHC), and when his services were being run by Islamabad Judicial Service Rules, 2011, could be extended benefit of said Judgment of the Balochistan High Court (BHC)---Held, that Record revealed that the appellant was permanently appointed as Judicial Officer by the IHC within the Islamabad Capital Territory and he had also been granted promotion and presently was working as Additional Sessions Judge---After being relieved by the BHC, his services were placed at the disposal of the IHC---Admittedly, the appellant was neither transferred by BHC nor he was posted on deputation basis, nor he had obtained any lien from BHC---Appellant was already appointed by IHC in Islamabad, by clearly mentioning that his services would be governed by the Islamabad Judicial Service Rules 2011, thus no order in favour or against the appellant could be passed when he was no more the employee of the District Judiciary of Balochistan---Pertinently, the appellant was appointed as Civil Judge-cum-Judicial Magistrate Islamabad and he had already been promoted to the post of Additional District and Sessions Judge---Appellant had failed to make out a case in his favour---Appeal, filed by judicial officer, being merit-less, was dismissed, in circumstances.

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