1. SARDAR ABDUL HAMEED KHAN, J. --- This writ petition has been filed under Section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974.
2. The precise facts of the petition are that the petitioner was appointed as Lab Assistant and posted in Government Boys High School Kaniat, Tehsil and District Kotli through an order dated 17.09.2011, bearing No. 1840-49 issued by respondent No. 3 and later by an order issued by respondent No. 5 bearing No. 1401-04, dated 15.02.2012 by which earlier order was restored and an other order bearing No. 366-67 was cancelled from the date of its issuance. It is stated that the respondents threatened to terminate his service because he was appointed by previous Government and if the respondents were not restrained then the petitioner will suffer an irreparable loss. It is further stated that the respondents prepared a proposal for removal of the petitioner from service. The petitioner submitted that the act of the respondents is illegal and without lawful authority. The petitioner prayed that the proposal made by respondents kindly may be declared null and void. The petitioner further prayed that the respondents be restrained from dismissing the petitioner from service, and sought the protection of supra noted orders.
3. The official respondents filed their comments wherein it is averred that the petitioner has withdrawn in favour of Mr. Waseem Akram. In the meantime, one Waseem Akram as an intervener has filed an application for impleading him as party stated therein that he is in service in place of the petitioner, hence he is a necessary party.
4. The points raised by the petitioner for admission of this petition have been taken into consideration and I have perused the documents placed on record by the parties. It reveals that the petitioner was appointed as Lab Assistant on 17.09.2011 and later on 11.01.2012 another appointment order respecting intervener Waseem Akram was issued vide letter No. 366-69, dated 11.01.2012 issued by respondent No. 5, however, the same was cancelled vide an order of respondent No. 5 dated 15.02.2012 and original appointment order of the petitioner dated 17.09.2011 was restored. Thus the end of above details is that the appointment of the petitioner is a temporary appointment which gives no right to him for lodging such petition or invoking the extra-ordinary Constitutional jurisdiction. Furthermore, no proceeding/proposal of dismissal or termination of the petitioner is pending or being initiated as stated at bar by the learned AAG, As for as the application for impleading one Waseem Akram as one of respondents in the petition, needs not to be discussed as the writ petition itself is not entertainable which is hereby dismissed in limine with no order as to costs. .