Law:

Section:

(a) Civil Servant Act (LXXI of 1973)--- ----S. 9---Promotion---Eligibility---Determination of fitness---Right of consideration for promotion---Scope---"Eligibility for promotion" and "determination of fitness" are two different criteria---Eligibility primarily relates to terms and conditions of service and their applicability to the civil servants---Question of fitness is a subjective evaluation on the basis of objective criteria---Civil servant has a right to be considered for promotion if eligible on account of possessing prescribed minimum qualification---Civil servant has no vested right to be promoted. (b) Service Tribunal Act (LXX of 1974)---- ----S. 4---Civil Servant Act (LXXI of 1973), S.9---Constitution of Pakistan, Arts.199 & 212---Constitutional jurisdiction of High Court---Scope---Promotion---Deferment---Terms and conditions of service---Civil servant/petitioner aggrieved by her deferment invoked the Constitutional jurisdiction of High Court---Objection was raised on the maintainability of the Constitutional petition on the basis of bar of Art.212 of the Constitution---Validity---Civil servant aggrieved with respect to the terms and conditions of service had right to file appeal before appropriate tribunal established for such purpose---Law had not provided any remedy of appeal or representation in the matters relating to determination of fitness of a civil servant to be promoted to a higher post---Petitioner/civil servant had no right of appeal or representation against the impugned recommendation of Departmental Selection Board (DSB)---In view of the specific bar contained in clause (b) of proviso to S.4(1) of the Service Tribunals Act, 1973, the petitioner/civil servant had no adequate efficacious remedy, therefore, he/she had a right to seek the constitutional remedy---Constitutional petition before High Court was not violative to the mandate of Arts.199 & 212 of the Constitution---Departmental Selection Board was directed to consider the case of the civil servant/petitioner's promotion---Constitutional petition was partly allowed. Miss Zubaida Khatoon v. Mrs. Tehmina Sajid Sheikh and others 2011 PLC (C.S.) 596 rel. JUDGMENT ABDUS SATTAR…

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