July 26, 2008	Saturday	Rajab 22, 1429

MUZAFFARABAD, July 25: A division bench of the AJK Supreme Court has ruled that a civil servant is liable to be posted against any post without prejudice to substantive position in which he is placed by the competent authority and the rights and liabilities being enjoyed by the civil servant continue flowing even if he is performing his duties anywhere else.

The bench, comprising Justice Syed Manzoor Hussain Gillani and Justice Khawaja Shahad Ahmed, passed the ruling in a civil appeal filed by Abdul Qayyum Durrani, a senior employee of the AJK Assembly, in May 2006, court officials said here on Thursday.Mr Durrani had contended in his appeal against a judgement of the Service Tribunal that he was senior to all additional secretaries of the assembly secretariat but he was being denied elevation to the post of secretary.

The bench pointed out that the seniority list of assembly employees, issued in Feb 2002, confirmed that the appellant was senior to all additional secretaries and same was the position in the latest seniority list issued on July 1, 2008.

The bench dismissed the contention of the respondents that although the appellant was declared senior amongst the additional secretaries in the general cadre but he continued (to serve) as Editor Debates and was therefore not qualified for the post of secretary.

This contention is devoid of merit because it becomes immaterial as to where an officer, declared senior to his contemporaries, is performing his duties, the bench held.

The counsel for the respondents had also informed the court that after the retirement of respondent Sardar Azam Khan on June 23, 2008, Syed Ashiq Hussain was initially appointed as secretary on 'officiating basis' and later as permanent secretary after his promotion on July 12.

Regarding Mr Hussain, the bench observed that although he did not figure in the seniority list of July 1, 2008 and was promoted as secretary on July 12, it (bench) was constrained not to pass any order against him in his absence because the appellant had not sought any amendment in his appeal to challenge his promotion.

While admitting the appeal of Mr Durrani with costs, the bench directed that since the appellant was senior most in the cadre of additional secretaries he was entitled to be appointed as secretary as and when the post became vacant after the court orders.