' CH. MUHAMMAD IBRAHIM ZIA, J.--- The appellant, with the leave of this Court in the instant appeal, has challenged the propriety of the judgment of the High Court dated 10-9-2009, whereby his writ petition has been dismissed.
2. The precise summary of the facts necessary for disposal of this appeal are that the appellant, who was initially inducted into service as Librarian B-16 in Education Department. Later on, after qualifying his master in Library and information science examination, was granted grade B-17, vide notification dated 2-5-1993. Through a notification issued on 1st November, 2000, he was transferred from the post of Librarian B-17 from Govt. Post Graduate College Muzaffarabad and appointed for a period of 6 months as Librarian in Khurshid National Library, Jalalabad. However, this order was conditional. His lien was kept intact in Education department and a condition was also imposed that the vacancy of Librarian in Khurshid National Library shall be filled in through Public Service Commission. The appellant by accepting this conditional order assumed his duties in Khurshid National Library Jalalabad on 7-11-2000. Through another notification dated 8-11-2000, he was permanently appointed by transfer in Khurshid National Library Jalalabad. One Mr. Muhammad Saad Khan, Deputy Director Khurshid National Library vide notification dated 2-4-2007, was promoted as Director Khurshid National Library in BPS-19, thus the post of Deputy Director BPS- 18 became vacant. The appellant claimed that the working paper for his promotion against the post of Deputy Director, BPS-18 was processed and sent to the competent authority through Education Secretariat but the concerned failed to do the needful, hence he was constrained to approach the High Court through writ petition filed on 19-5-2008 with the following prayer:-- "It is therefore, very humbly prayed on behalf of the petitioner that through an appropriate writ non - petitioners may kindly be directed to refer the case of the petitioner to Selection Board No,2 for promotion as Deputy Director BPS-18. Non-petitioners may also kindly be restrained to promote/appoint any other person against the post of Deputy Director BPS-18 Khurshid National Library. Any other relief which the petitioners are entitled may kindly be granted in the interest of justice."
' The writ petition was resisted by the respondents, among others with the specific legal objection that the appellant's appointment as Librarian Khurshid National Library Jalalabad is not according to rules because it has been made without recommendation of the concerned Selection Board, therefore, he doesn't deserve for the claimed promotion. Consequently, the writ petition was dismissed through the impugned judgment.
3. Kh. Muhammad Nasim, the learned counsel for the appellant, stated brief case history and argued that the appellant has been permanently appointed as Librarian vide notification dated 8- 11-2002 and since then he is holding the post. According to rules, the post of Deputy Director, BPS-18 is to be filled by promotion on the basis of selection on merit from amongst Librarian BPS-17 in the functional unit with five years' service as such. The appellant fulfilled all the required conditions; therefore, he has got legal right to be considered for promotion against the vacant post of Deputy Director.
4. Messrs Syed Ejaz Hussain Gillani, Additional Advocate-General and Muhammad Yaqoob Khan Mughal, Advocate, representing the respondents forcefully defended the impugned judgment and argued that the appellant is not a permanent employee of the Khurshid National Library. According to law, only on the recommendation of the Selection Board a person can be permanently posted by transfer against the post, whereas the order, on the strength of which the appellant claims his permanent induction, is issued without recommendation of the Selection Board. Such an illegal order cannot be implemented through writ petition; therefore, the High Court has rightly dismissed the writ petition.
5. We have paid our utmost attention to the respective arguments of the learned counsel for the parties and also gone through the record. The writ petition has been dismissed on the sole ground that the order of appointment of the appellant in Khurshid National Library dated 8-11-2002 is issued without recommendation of the respective Selection Board. Thus, the order is invalid and writ jurisdiction cannot be exercised for enforcement of such invalid order. We have no cavil with the observation of the learned High Court that writ jurisdiction cannot be exercised for implementation of an invalid order but in the instant case, as hereinabove reproduced the prayer clause of the writ petition in which the appellant has prayed for direction against the respondents for referring his case to the Selection Board for promotion as Deputy Director BPS-18. The respondents have not placed on record any document to prove that the matter of promotion of the appellant has been considered and resolved by the authority. We are conscious with the legal aspect of the case that the writ petition is not competent in the matters relating to terms and conditions of civil servants and neither any question of determination of terms and conditions of civil servants can be competently adjudicated and resolved in exercise of writ jurisdiction, but at the same time, when the authority fails to resolve the matter relating to terms and conditions of a civil servant the High Court may, in appropriate cases, in absence of any other adequate remedy, direct the authority for deciding the matter in either way. In the instant case the appellant has not approached the High Court for implementation of the notification dated 8-11-2002 because due to implementation of this order he is admittedly holding the post. He filed writ petition for direction to the authority for disposal of his processed case relating to promotion against the post of Deputy Directory, BPS-18, Khurshid National Library Jalalabad. Although apparently the notification dated 8-11-2002 is issued without recommendation of the respective Selection Board as is postulated under Rule 9(1) of the Azad Jammu and Kashmir Civil Servant Appointment (Terms and Conditions of Service) Rules, 1977, but this issue is also to be resolved by the authority. The authority has itself issued the notification in violation of the prescribed mode and on this pretext; a civil servant cannot be left to the arbitrary discretion of authority for an indefinite period. The authority should resolve the matter according to law whether his appointment as Librarian against the post of Librarian Khurshid National Library, is valid and whether he is eligible for promotion against the post of Deputy Director BPS-18 or not. This issue also falls in the domain of the authority and the respective Selection Board. Without any express finding, the services of a civil servant cannot be put in an uncertain situation for an indefinite period, therefore, in our opinion, without any specific and express order of the authority, any finding or observation relating to terms and conditions of a civil servant in writ jurisdiction, are not desirable. The above stated reasons also helped us to draw a conclusion that the appellant's appeal to the extent of issuance of direction for disposal of the matter by the departmental authority is justified. Therefore, while accepting this appeal and vacating the impugned judgment of the High Court, the respondents (authority) is directed to properly attend the grievance of the appellant and resolve his matter of appointment as Librarian in Khurshid National Library Jalalabad and his claim for the promotion against the post of Deputy Director, BPS 18 according to rules and law on the subject. Thus, the appeal stands accepted in the above stated terms without any order as to costs.