KHAWAJA MUHAMMAD SAEED, J.- This petition is addressed under Section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974.
2. The facts as claimed in the petition briefly stated are that the petitioner was inducted into service of Azad Jammu and Kashmir Printing Press as Proof Reader on 7th October, 1964 in Grade-9 whereas non-petitioner No3 was inducted into the service of the same department on 1st February, 1972 in Grade-5. The petitioner obtained Grade-11 earlier than the contesting non- / petitioner who obtained Grade-11 on 8th December, 1986. In the year 1984, under Section 23 of Civil Servants Act, 1976, the Azad Government framed. Rules termed as the Azad Jammu and Kashmir Industries and Minerals Department (Printing and Stationary Service) Rules, 1984. A new post of Administrative Officer/Manager Printing and Stationary in Grade-16 was created which to be filled in by way of promotion on the basis of seniority-eu/n-fitness from amongst the officials holding the posts of Accountants in Grade-11 with six years service. Non-petitioner No. 3 was promoted against the said post by ignoring the service rights of the petitioner who filed a review petition and sought personal hearing forthe redressal of his grievance. In the meantime, without deciding the review petition, non-petitioner No. 2 processed the case of the contesting non-petitioner No. 3 for his confirmation by the Selection Board. The petitioner getting the knowledge of this fact, submitted a representation before non-petitioner No. 2 and prayed that till the final decision of review petition of the petitioner, the case of non-petitioner No.3 may not be sent to Selection Board for confirmation. The prayer was declined'. Therefore, the petitioner invoked the constitutional jurisdiction of this Court through the present writ petition and sought a directum/ against non- petitioners No. 1 and 2 to include the name of the petitioner for consideration of the Selection Board and also to decide the review petition of the petitioner as early as possible.
3. Parawise comments were invited from the non-petitioners which were accordingly filed. A preliminary objection was raised by the learned Counsel for the non-petitioners that as the matter relates to the terms and conditions of service of the contesting parties, as such the writ petition is not maintainable before, this Court. He further argued that under prohibitory clause of Section 47 of the Interim Constitution Act, the jurisdiction of this Court is clearly ousted. He . In support of his contention, relied on "Azad Jammu and Kashmir Government V Zaman Ali Shah (P.L.D. 1991 S.C.
(AJ&K) 57) "Account General V. Zaman Hussain Khan" (1993 SCR 259) and an unreported judgment of the Azad Jammu and Kashmir Supreme Court titled "Ch. Muhammad Bashir V. Azad Government and Others" decided on 17th February, 1994.
I have taken into consideration the respective arguments of the learned Counsel for the parties and have gone through the entire record made available with the petition by the parties.
5 In civil servants sendee matters where terms and conditions of service are involved, this Court has got no jurisdiction to entertain such questions in exercise of its powers under writ jurisdiction. In the present case, the petitioner has, in fact, challenged the legality of promotion order of non- petitioner No. 3 and the action taken by non-petitioner No. 2 whereby the appointment of non- petitioner No. 3 against the post of Administrative Officer is being referred to the Selection Board for its opinion. It has been repeatedly held that a person who is eligible to be considered for promotion by the Selection Board, if ignored, is entitled to seek remedy firstly before the competent authority and in case his grievance is not remedied, then he may invoke the appellate jurisdiction of the Azad Jammu and Kashmir Service Tribunal. Right of promotion is not a vested right of any civil servant. However, when a civil servant is eligible under law for promotion, his case must be considered alongwith other eligible candidates.
6. In the present case, if the petitioner is not going to be considered for promotion and the respondent is not referring his case to the Selection Board for consideration, he can seek remedy in accordance with Law for the redress of his grievance if so advised, before the proper forum. This Court in view of the provisions contained in Section 47 of the Interim Constitution Act, 1974 is debarred to adjudicate upon the matters relating to the terms and conditions of the service of contesting parties.In view of the above facts, this writ petition is not maintainable before this Court which stands dismissed with no order as to costs.