Law:

Section:

Constitution of Pakistan-------Art. 199---Constitutional petition---Civil service---Promotion---Petitioner challenged the minutes of meeting of the Selection Board which denied him promotion to BPS-18 which promoted the respondents to the same grade---Validity---Petitioner did not fulfil the criterion of seven years experience in BPS-17---Requisite experience and better performance of respondents entitled then to promotion---Held; employee had no vested right of promotion; prospects of promotion could not be included in the conditions of service---Seniority alone was not the determining factor in evaluating the suitability or fitness of an employee for a higher grade---Eligibility of an employee for promotion could not be determined through constitutional petition---Competent authority alone could change seniority position---Constitutional petition, being meritless was dismissed. 1996 SCMR 64, 2010 SCMR 501 and 2010 SCMR 450 fol. Mirza Viqas Rauf for Petitioner. M. Ilyas Khan, Assistant Registrar, U.E.T., Taxila. ORDER CH. MUHAMMAD TARIQ, J.--- This order will dispose of Writ Petition No.4354 of 2004, Writ Petition No.2159 of 2005 and Criminal Original No.59/W of 2006 as identical matter is involved in all these petitions. 2. Learned counsel for the petitioner has challenged the impugned order dated 27-7-7004 as well as minutes of the meeting held on 1-6-2004 that they be declared as ultra vires and illegal by directing respondents Nos.1 to 3 to promote the petitioner as Deputy Registrar (PBS-18) with all benefits on the ground that at the face of the proceedings conducted by the Selection Board on 1-6-2004 the lacking of transparency is floating on the record and it flashes that the whole practice was carried out just to award the said post to respondent No.4 by introducing a self styled criterion, alien to well-recognized principle prevailing in this regard. It is worthwhile to mention that the meeting of the Selection Board for the purpose of promotion held on 1-6-2004 was secretly arranged and the petitioner was never apprised with the same, thus the respondents Nos.1 to 3 adopted the procedure of pick and choose; the petitioner having maximum experience…

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