| Citation(s) |
|---|
| 2016 SLG 3511 2016 SLD 3511 2016 PLC 1314 |
Balochistan High Court, Sibi Bench
Constitutional Petition No. 99 of 2013, decided on 24th July, 2014. Date of hearing: 5th June, 2014.
MUHAMMAD KAMRAN KHAN MULAKHAIL, JUSTICE AND GHULAM MUSTAFA MENGAL, JUSTICE
Chaudhary Anwar-ul-Haq for Petitioners. Sadiq Guman for
Respondents Nos.1 and 2.
Constitutional Petition No. 99 of 2013, decided on 24th July, 2014. Date of hearing: 5th June, 2014.
MUHAMMAD KAMRAN KHAN MULAKHAIL, JUSTICE AND GHULAM MUSTAFA MENGAL, JUSTICE
Chaudhary Anwar-ul-Haq for Petitioners. Sadiq Guman for
Respondents Nos.1 and 2.
AURANGZAIB
VS
DIVISION SUPERINTENDENT PAKISTAN RAILWAYS AND 3 OTHERS
Law:
Section:
Civil service--- --------Employees of Pakistan Railways--- Promotion--- Terms and conditions of service---Bar contained under Art.212 of the Constitution--- Scope--- Employees of Pakistan Railways sought promotion on the basis of reserved quota---Validity---Pakistan Railways was the department of Federal Government and its employees were covered by "persons in the service of Pakistan"---Employees were seeking promotion to the next higher grade---Remedies of appeal, review or representation before the departmental authorities had not been availed by the employees---Employees had directly approached the High Court for their promotion which relief could not be granted in view of bar contained in Art.212 of the Constitution---Matter, in the present case, did not relate to fitness of the employees but promotion to the next higher grade had been sought on the basis of reserved quota---Prayer made by the employees was with regard to "terms and conditions" of their service which could not be granted under the constitutional jurisdiction of High Court---Employees-petitioners would be at liberty to avail the remedy available to them under the law---Constitutional petition was dismissed in circumstances. Zubaida Khatoon v. Tehmina Sajid Sheikh 2011 SCMR 265 distinguished. Chairman of Pakistan Railways Board Lahore v. Muhammad Ali 1987 SCMR 638; Government of Pakistan v. Syed Akhlaque Hussain PLD 1965 SC 527 and Mufti Mushtaq Ahmed v. Federation of Pakistan PLD 1981 SC 172 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD KAMRAN KHAN MULAKHAIL, JUSTICE:---.--- Through this petition the following prayer has been sought: "... in the light of above mentioned submission the petition in hand may kindly be allowed and the promotion orders dated 07.09.2013 bearing No.757-E/64-PT-I/P-I and 11.09.2013 bearing Notice No.757-E/64-PT-I/P-I, issued by the respondent No.1 in favour of respondents Nos.3 and 4 may kindly be declared null and void as well as against the constitution and the respondents Nos.1 and 2 be directed to promote the petitioners after reversion of respondents Nos.3 and 4 being deserving employee, keeping the view of fundamental right of the petitioners, in the interest of…
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