Raja TARIQ AZIZ vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR

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Raja TARIQ AZIZ VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR. S. 4---appeal before the Service Tribunal, filing of---Locus standi---aggrieved person---appellant challenged, before the Service Tribunal, a notification vide which the respondent was granted time (notification-in-question), however, the same was dismissed---Validity---admittedly, after issuance of notification-in-question, the appellant was also granted time scale (BS-20), vide notification dated 24.12.2020, w.e.f. 21.10.2019, after completion of the required length of service---appellant accepted the said notification and appended the same with the concise statement---In case, the appellant was not satisfied with the date he was granted the time scale, then he should have challenged the said notification by way of appeal---appellant did not challenge the same for modification, hence he was legally estopped to challenge the notification-in-question---Under the provisions of S. 4 of the azad Jammu and Kashmir Service Tribunals act, 1975, a civil servant/appellant has to satisfy the Court that his/her terms and conditions of service have adversely been affected---If a civil servant/appellant fails to point out any violation of the terms and conditions of his/her service, then legally he/she has got no cause of action to file the appeal---In the present case, after completion of the required length of service, the appellant had been granted time scale (BS-20), vide relevant notification (dated 24.12.2020, w.e.f. 21.10.2019) and he accepted the said notification, therefore, he had got no locus standi to challenge the notification-in-question, whereby, the private-respondent was granted time scale (BS-20)---Under Section 4 of the Service Tribunals act, 1975, a civil servant is competent to prefer an appeal only if he is found to be an aggrieved person---Thus, Service Tribunal had committed no illegality while dismissing the appeal filed by the appellant---appeal, being merit-less, was dismissed with costs.

Raja TARIQ AZIZ vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR — 2026 PLC(CS) 132 SUPREME-COURT-AZAD-KASHMIR

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