Ghulam Mustafa Mughal, J.--The captioned appeal by leave of the Court has been directed against the judgment dated 06.09.2019, passed by the Azad Jammu and Kashmir High Court in W rit Petition No. 1306 of 2018.
2. The facts forming the background of the captioned appeal are that the appellant, herein, filed a writ petition before the Azad Jammu and Kashmir High Court stating therein that Girls Inter College, Kel, was up-graded as Degree College under the Educational Package, vide notification dated 26.04.2015, whereby , in addition to other posts, one post of Naib Qosid, was also allocated in the budget for the year 2015-2016. It is stated that after advertisement and selection process, on the recommendations of the respective selection committee, the appellant, herein, was appointed as Naib Qasid, vide order dated 2.5.2016. It is further stated that the up-gradation of the said College was withdrawn and the posts were shifted somewhere else, in the budget for the year 2018- 2019, however , the appellant remained performing his duties in the said college till now. It is further stated that during pendancy of the writ petition, it came into the knowledge of the appellant that the said posts have been shifted in the Model Science College, Kundal Shahi. He prayed that the post be re-shifted to its. original College or in alternate, he may be transferred to the said post. The other side filed written statement, wherein, the claim of the appellant, herein, was refuted in toto. The learned High Court after necessary proceedings has dismissed the writ petition through the impugned judgment dated 06.09.2019.
3. Mr. Muhamad Noorullah Qureshi, the learned Advocate for the appellant argued with vehemence that the appellant, herein, was appointed as Naib Qasid against the clear vacancy in Government inter College Kel after due advertisement. He has been relieved from service as the upgradation was cancelled by the Government and the post occupied by the appellant was shifted to another institution. The learned Advocate further argued that after appointment, the appellant can be relieved from service only in the prescribed manner i.e. either on the ground of misconduct or for any lawful reason after due inquiry . He further argued that the respondents cannot relieve the appellant from service in an arbitrary manner and appoint any other person of their own choice on the shifted post.
4. Conversely , Raja Ayaz Ahmed, the learned Assistant Advocate-General appearing for Respondents No. 3 & 4, herein, submitted with vehemence that the upgradation of Government Girls College Kel was de-notified and the posts created earlier were shifted to another institution, therefore, the appellan t has no case and he was not aggrieved to file a writ petition. The learn ed Advocate further argued that on the shifted post an appointment has been made by the competent authority .
5. We have heard the learned Advocate representing the parties and gone through the record of the case. The perusal of the record reveals that as per policy of Government, Girls Inter College Kel was upgraded as Girls Degree college Kel, through education package vide notification dated 26.04.2015 . Besides others, a post of Naib Qasid was also created and the same was reflected in the Budget of 2015-16. It is the case of the appellant that after test and interview on the recommendations of the respective selection committee, he was appointed as Naib Qasid on 2.5.2016. The order dated 02.05.2016 was endorsed by the Divisional Director Colleges Muzaf farabad as well. Perusal of record further reveals that during the pendency of the writ petition, the post has been shifted to Model Science College Kundal-Shahi erroneously and the department has taken the stand that the said post has been abolished. It also reveals that this post was advertised by the principal Mode l College Authmuqam along with the other post. As per record, the appellant was appointed before shifting the post and nobody has stated that the appointment of the appellant was defective or not made in accordance with law. The Director Education Colleges who was summoned has made a statement during the course of arguments that the appellant could not be adjusted due to shifting of the post. However , at the end of day, he agreed to the adjustment of the appellant. Even otherwise no any reason has been stated by him that as to why the appellant, herein, penalized for an act of the authority . He apprehends that the decision will affect the cases of whole Azad Jammu and Kashmir . This apprehension is misconceived as nobody else has challenged the appointment or adjustment well in time. The judgment will operate only to the extent of appellant who sought relief from the Court well in time in view of the law laid down by this Court in the case reported as AJK Govt. Smothers vs. Fehmida Abdul Hussain and others 2001 SCR 368], wherein, it has been observed that: "7. .... On the analogy of this judgment it becomes clear that those who availed the remedy well in time and otherwise deserves relief must be given preference".
In view of the statement of Director Educ ation College as well as the record, we accept the appeal while setting aside the judgment passed by the learned High Court dated 06.09.2019. Resultantly , the appellant shall be adjusted in view of his appointment on the post carrying the same grade.