The captioned writ petition has been addressed under Article 44 of the Azad Jammu and Kashmir Interim Constitution, 1974 whereby following relief has been implored by petitioner: "Therefore, in view of the above submissions the petitioner humbly prayed that the Respondents No. 1 to 5 may kindly be restrained for altering, cancellin g, modifying the revival order dated 12.10.2019 bearing No. 1696/2018, furthermore Respondents No. 1 & 2 may also be restrained not to transfer the petitioner from his present place of posting."
2. Precise grievance of petitioner is that he was appointed as Closer Watcher BPS-1 in Forest Department, Mirpur , vide order dated 02.05.2018 and on 07.05.2018 he was transferred from his assignment to Charhoi but Respondent No. 2 without assigning any reason dismissed the petitioner from his service vide order dated 11.05.2018 against which the petitioner filed an appeal before Respondent No. 1 which was accepted and the petitioner was reinstated into service vide impugned order dated 12.10.2019, hence, it has been prayed that the respondents may be restrained from cancelling the aforesaid order and he may not be transferred from his present place of posting.
3. Pre-admission notices were issued to the respondents for filing parawise comments vide order dated 22.10.2019, however , needful has not been done.
4. Preliminary arguments heard. Record perused.
5. A perusal of record shows that the petitioner was appointed as Close Watcher BPS-1 in Forest Division, Mirpur , vide order dated 02.05.2018 subject to confirmation of respective selection committee while he was transferred to the office of Range Officer Forest, Charhoi, vide order dated 07.05.2018 and thereafter vide order dated 11.05.2018 basic order of petitioner was cancelled from the date of its issuance against which the petitioner filed an appeal before Respondent No. 1 which was accepted and he was reinstated into service vide order dated 12.10.2019, hence, it is apprehension of the petitioner that his service is likely to be terminated on account of political influence by appointing Respondent No. 3.
6. Admittedly , when the service of the petitioner was restored through the impugned order dated 12.10.2019 in which it has categorically been mentione d that the post in question shall be filled in after advertisement meaning thereby that the petitioner was appointed against the post in question subject to confirmation of respective selection committee vide order dated 02.05.2018, hence, in such like circumstances, the respondents cannot be restrained to cancel the impugned order dated 12.10.2019 and petitioner cannot be allowed to remain in service at one station for indefinite period.
7. Leaving aside the other grounds mentioned in the writ petition with regard to seeking direction against the post in question on regular basis, the criteria of induction into service either temporary or permanent has been laid down in Rules 17 and 23 of the Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977 and temporary appointment cannot create any right, the same can, be terminated on thirty days notice or pay in lieu thereof under sub-section (3) of Section 10 of the Azad Jammu and Kashmir Civil Servants Act, 1976 while as per Rule 23 of sub-rule (5) of the Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977, the authority can revoke temporary appointment at any time, hence, no other mode for induction on :permanent basis into servic e has been defined by the Rules, supra. Even no one can be appointed without passing through the selection process because all citizens of the State are equal before law. The jurisdiction of this Court can only be exercised where any violation of law and rules has been made but in the instant case nothing has been brought on record.
8. The logical inference of the above discussion is that the petitioner failed to make out his case for admission and if the writ petition is admitted for regular hearing even then the Court cannot travel beyond the pleadings of the petitioner , therefore, the same having no statutory backing, is hereby dismissed in limine with no order as to costs.