Case Details

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.

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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