1. This is an application for suspension of the order passed by the High Court on 8th of April 1997 by which it was directed that status quo shall be maintained. This order has the effect of stopping the Government from filling up the post of Director Inventory Control and Inspection, a post carrying Grade-19 in the, Electricity Department.
2. I have heard the learned counsel for the parties. The matter clearly relates to terms and conditions of service of civil servants. Under section 47 of the interim Constitution Act the jurisdiction of the High Court stands completely ousted. It is specifically provided is subsection (2) of section 47 mentioned above that no Court, except a Tribunal set up under that section, shall grant an injunction, make any order or entertain any proceeding in respect of any matter to which the jurisdiction of the Tribunal extends. The order issued by the High Court is infringement of this Constitutional provision.
3. The High Court has also acted illegally insofar as seven days notice of motion was not given to the opposite party nor was the relevant rule, namely, rule 34 of the Azad Jammu and Kashmir High Court Procedure Rules, relaxed.
4. It follows that the order passed by the High Court is unsustainable. Operation of the aforesaid order is, therefore, suspended till disposal of the appeal.