rki.news | Altaf Hamid Rao
Mirpur, AJK, August 27: The Azad Jammu and Kashmir Services Tribunal has declared the additional charge arrangement for the post of Medical Superintendent (MS) at District Headquarters (DHQ) Hospital Mirpur unlawful, directing authorities to appoint an MS strictly in accordance with the prevailing law within 15 days.
The tribunal ruled that the applicable civil service rules do not recognize the concept of “additional charge” for a vacant post. It noted that Rules 10-A and 10-B prescribe procedures for appointments on an “acting” basis, while Rule 13 also relates to acting appointments rather than granting additional charge.
The judgment observed that the civil service rules contain no provision authorizing the assignment of additional charge. Consequently, the tribunal upheld the setting aside of a notification issued on September 7, 2022.
Referring to principles established by the Supreme Court, the tribunal held that an additional charge cannot be assigned where no legal provision authorizes such an arrangement. It emphasized that administrative actions must strictly comply with the law and cannot receive legal protection when they lack statutory authority.
In paragraph 11 of the judgment, the tribunal dismissed the appeal on the grounds recorded in its decision. However, it directed the official respondents to appoint a Medical Superintendent for DHQ Hospital Mirpur in accordance with the prevailing law within 15 days of the judgment.
The tribunal further warned that failure to comply within the stipulated period would result in the post of MS, DHQ Hospital Mirpur, being deemed vacant.
The judgment effectively requires the government to end the existing additional-charge arrangement and make a lawful appointment within the prescribed timeframe.
There was no order as to costs.