Pakistan Case Lawโ† Search
2020 SC AJK 116

Mehmood ul Hassan vs AJK Govt. & others

Citation2020 SC AJK 116
CourtSupreme Court of Azad Jammu and Kashmir
Case No.(1) Civil PLA No.173 of 2020 (2) Civil Misc. No.74 of 2020
Date2020-11-26
Judge(s)Ghulam Mustafa Mughal
ResultN/A

ORDER

Ghulam Mustafa Mughal, J. The captioned petition for leave to appeal has been directed against the judgment dated 29.01.2020, passed by the Azad Jammu & Kashmir High Court in writ petition No.199 of 2018.

2. The facts forming the background of the captioned petition for leave to appeal shortly stated are that the contractual appointment of the petitioner , herein, was terminated vide order dated 11.06.2018 w.e.f. 30.06.2018.

Subsequently , another order was issued on 12.06.2018, wherein, it was stated that the termination of the petitioner , herein, will take effect from 12.06.2018. The petitioner , herein, challenged the legality and correctness of both the aforesaid orders through writ petition before the Azad Jammu & Kashmir High Court on 29.06.2018. The writ petition was contested by the other side by filing written statement, whereby , the claim of the petitioner was refuted.

The learned High Court after necessary proceedings through the impugned judgment dated 29.01.2020, has dismissed the writ petition.

3. Sh. Masood Iqbal, the learned Advocate appearing for the petitioner argued that the contract of the petitioner , herein, has been terminated by an incompetent authority i.e. Managing Director , Power Development Organization (PDO), whereas, in his case the authority was PDO Board. The learned Advocate submitted that this crucial point has not been attended by the learned High Court and even the earlier direction issued by this Court has also been ignored while dismissing the writ petition filed by the petitioner , herein, through the impugned judgment.

4. After hearing the learned counsel for the petitioner and going through the record appended with the petition, I am of the view that the question raised in this petition is of public importance which requires resolution in a regular appeal. Leave to appeal is, therefore, granted. The petitioner is directed to deposited security of Rs.1000/- within one month failing which the leave granting order shall automatically be deemed to have been rescinded. The office is directed to complete the file and place the same before the Hon'ble Chief Justice for constitution of the Bench.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch