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2012 C.L.R. 1197, PLJ 2012 AJ&K 175, 2012 PLC (C.S.) 1375

Dr. MAZHAR IQBAL TAHIR, CMO BHU vs PROVINCIAL COORDINATOR NATIONAL

Citation2012 C.L.R. 1197, PLJ 2012 AJ&K 175, 2012 PLC (C.S.) 1375
CourtHigh Court of Azad Jammu and Kashmir
Case No.Writ Petition No,143-A of 2011
Date2012-05-09
Judge(s)Munir Ahmed Chaudhary
ResultPetition dismissed

ORDER

' MUNIR AHMED CHAUDHARY, J.--- This writ petition has been filed under section 44 of.The Azad Jammu and Kashmir Interim Constitution Act, 1974, through which, a protection has been sought regarding additional charge of District Coordinator National Program for Family Planning and Public Health District Kotli.

2. It has been stated in the writ petition that petitioner is serving as Civil Medical Officer at BHU Qamrooti District Kotli with additional charge of District Coordinator National Program for Family Planning and Public Health Kotli. It was also stated that the non-petitioners want to withdraw the notification dated 18-10-2011 regarding additional charge of District Coordinator. The petitioner prayed to issue a writ to restrain the non-petitioners to cancel the said notification.

3. Notices were issued to the non-petitioners to submit parawise comments but they failed to submit the same. Arguments were advanced by the learned Counsel for the petitioner and the learned Additional Advocate-General.

4. After hearing the arguments, I have gone through the record minutely. The record reveals that the petitioner has been handed over the 'charge of District Coordinator for the said program in addition to his present original posting as civil medical officer. An additional charge is neither an appointment nor a promotion in the eye of Rules and Regulations. The authority which hands over the additional charge of any post to any other officer serving on his original post, can also withdraw the same order when it deems proper. No protection can be claimed regarding an additional charge of any post. If at all, the said additional charge is withdrawn by the authority and the petitioner feels aggrieved by that, he can approach the proper forum for his redressal. No civil servant can invoke constitutional jurisdiction of this Court regarding additional charge of any post.

' The nutshell of the above discussion is that the petitioner has got no locus-standi to file the instant writ petition, which is hereby dismissed in limine. No order as to costs.

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