Law: Constitution of Pakistan, 1973

Section: 199(1)

Keywords: Result: Petition Dismissed MIANGUL HASSAN AURANGZEB, J:- Through this common judgment, we propose to dispose of the Intra Court Appeals listed in Schedule-I to this judgment. Most of these appeals have been instituted by the Federation of Pakistan, against the composite judgment dated 27.07.2015, rendered by the learned Single Bench of this Court, whereby the writ petitions, listed in Schedule-II to this judgment, were disposed of. 2. The writ petitioners were/are all civil servants and aspirants for promotion from Basic Pay Scale-20 ("BPS-20") to BPS-21. These petitioners were primarily aggrieved by the recommendations made by the Central Selection Board ("CSB") to the Prime Minister of the Islamic Republic of Pakistan ("the Prime Minister") not to promote them - they were either recommended to be superseded or deferred. The prayer clause of Writ petition No.2033/2015 titled, "Dr. Muhammad Arif Vs. Federation of Pakistan" is reproduced herein below:- "In view of the above, it is most respectfully prayed that an appropriate writ may kindly be issued by this Honourable Court:- a) To set aside impugned 5 marks contained under the so-called structured formula/OM dated 10.02.2014 and the recommendations regarding deferment of the Petitioner by declaring as illegal and unlawful because the officers of other Groups have been promoted with lower quantification. b) The official Respondents may kindly be directed to consider the Petitioner for promotion to BS-20 with effect from the date of occurring of BS-20 vacancy with all consequential benefits. c) Any other relief deemed appropriate under the circumstances of the case may also be granted." 3. Only a handful of the petitioners had assailed the 'Objective Assessment Form' annexed to the Office Memorandum ("O.M.") No.F.1/1/2012-CP-2, dated 10.02.2014, issued by the Establishment Division, Government of Pakistan. The said Objective Assessment Form set out the criteria for the allocation of the fifteen (15) discretionary marks to be given by the CSB to each candidate for promotion. Out of these fifteen (15) marks, upto 5 marks could be given to the officer under consideration for promotion for his…