Law: Constitution of Pakistan, 1973

Section: 199

[Constitution of Pakistan...........Art. 199---Constitutional petition---Civil service---Appointment on upgraded posts---Secretary, Excise and Taxation Department issued order whereby 26 posts of Excise and Taxation Officers were abolished and upgraded as posts of Deputy Directors BPS-18, subject to the condition that officers would be promoted against the upgraded posts on the basis of seniority as per Rules through Departmental Promotion Committee---Department Promotion Committee recommended 24 officers, while case of 2 officers were deferred (including the petitioner), for the reason that he had not acquired any ACR---Petitioner could not get ACR as he had been on extraordinary leave---Petitioner had prayed that deferment of his promotion be declared as unlawful, illegal, unconstitutional and mala fide and the authorities be directed to promote him to the next higher grade---High Court could not be a judge of fitness for promotion, which was for the Departmental Authorities to determine---Constitutional petition was dismissed. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Appointment on upgraded posts---Out of 91 posts, 26 posts were upgraded---Petitioners who were not promoted to upgraded posts, had prayed that up-gradation of only 26 posts instead of all 91 posts, be declared as illegal and authorities be directed to upgrade all the posts---Contention of counsel for. the petitioners was that, if post was upgraded the holder of the post would automatically be promoted and if one post was upgraded, all other similar posts must also be upgraded; as if one, then all was the rule---Authorities had contended that only 26 posts had been upgraded and upgradation was different from promotion and for promotion the rules were being followed---Notification whereby the posts were upgraded had stated that post had been upgraded not in terms of names of the incumbents, but in terms of the posts specified---26 out of 91 posts having been upgraded, it was not a situation where the holder of such particular post at that particular time had been promoted---Irrespective of the person holding that particular post at that particular…

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