Law:

Section:

(a) Constitution of Pakistan----Art. 199---Constitutional petition---Civil service---Promotion---"Best of the best policy"---Supersession---Petitioner's deceased husband was superseded on the ground of "best of the best policy"---Validity---Petitioner's husband had attained required threshold, but had not been promoted due to the policy known as "best of the best" as well as the criteria of excellence and comparative merit---"Best of the best policy" had no basis and was liable to be struck down---Respondents were directed to consider the case of petitioner's late husband for promotion. 2011 SCMR 295 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Laches---Promotion---Recurring cause of action---Civil servant aggrieved by his supersession filed appeal before Service Tribunal---Appeal pending before Service Tribunal was abated due to the death of civil servant---Constitutional petition was filed by the wife of deceased civil servant after three years of the death of her husband---Validity---Loss in pensionary benefits being caused to the petitioner was on yearly basis, it was thus recurring loss---Constitutional petition did not suffer from laches, in circumstances and was allowed. (c) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Promotion---Claim of promotion by the legal heirs of deceased employee---Scope---Pensionary benefits of promotion to legal heirs of deceased civil servant---Entitlement---Petitioner's deceased husband was superseded who had filed appeal before Service Tribunal---Appeal pending before Service Tribunal had been abated due to the death of civil servant---Wife of deceased civil servant had filed constitutional petition seeking promotion of his late husband---Validity---Civil servant could not be promoted after his death, however, pensionary benefits of promotion could be extended to the legal heirs of the deceased employee---Authorities were directed to consider the case of deceased civil servant for promotion and if he would be found entitled, the benefits of promotion be extended to legal heirs. 2005 PLC (C.S.) 1424 rel. JUDGMENT RIAZ AHMAD KHAN, J.---…

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