Law:

Section:

(a) Punjab Civil Servants Act (VIII of 1974)--- ----S. 8---Constitution of Pakistan, Arts.4 & 199---Constitutional petition---Promotion---Regularization---Entitlement---Petitioner while serving as PTC was adjusted as EST against a leave vacancy and then was confirmed as such---Non-consideration of petitioner, who was figured at Serial No.17 for promotion by the Departmental Promotion Committee owing to pendency of inquiry in respect of Advance Audit Para No.2 regarding irregular appointment against the post of EST, whereas, juniors, who were figured at Serial Nos.18 to 65 were promoted---Contention was that pendency of inquiry and even minor penalty could not come in the way of promotion---Legality---Pendency of inquiry and one minor penalty could not come in the way of promotion of a civil servant---Civil servant could not claim promotion as a matter of right but it was an inalienable right of every civil servant that he be considered for promotion along with his batch-mates---Constitutional petition was allowed. (b) Civil Servants Act (LXXI of 1973)--- ----S. 9---Constitution of Pakistan, Arts.4 & 25---Promotion of junior officers---Effect---Grievance of petitioners was that respondents who were junior to them were promoted to Basic Scale-16, and they were not even considered for promotion---Validity---If left out officer was eligible for promotion, yet not promoted and juniors were promoted, the same amounted to glaring violation of command of Art.4 of the Constitution according to which it was an inalienable right of individual to be dealt with in accordance with law. (c) Constitution of Pakistan--- ----Arts. 4, 25 & 199---Constitutional petition---Public functionaries---Duty to adhere to the constitution---Scope---All the State functionaries are duty bound to strictly adhere to the Constitution and specially Arts.4, 5 & 25 of the Constitutions, while dealing with their day to day business---Public functionaries should not wait for intervention of the superior courts but to extend equal treatment and protection of law whenever they are seized of the matters of the aggrieved persons. (d) Constitution of Pakistan--- ----Arts. 5 &…

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