Law: Balochistan Civil Servants Act, (IX of 1974)

Section: 9,23

Law: Constitution of Pakistan, 1973

Section: 2A,25(2),130(5),240,260

Law: General Clauses Act, 1956 (VI of 1956)

Section: 20

Law: Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 1979

Section: R.7

Balochistan Civil Servants Act (IX of 1974)--- ----Ss. 9 & 23---Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 1979, R. 7---Balochistan Levies Force (B-1 to B-15) Service Rules, 1990---Constitution of Pakistan, Art. 130(5)---Out of turn promotion---Competent authority/Provincial Chief Minister relaxing promotion Rules to award two stages out of turn promotion---Legality--- Nepotism and favoritism--- Scope--- Section 23 of the Balochistan Civil Servants Act, 1974 did not confer any power on the Provincial Government, which could be exercised through the executive authority of the Province, to relax any promotion Rules framed under the said Act---Section 23 of the Balochistan Civil Servants Act, 1974 did empower the Provincial Government to deal with the case of any civil servant in such manner as may appear to it to be just and proper, but such discretion was not unfettered as it was shackled and controlled by the proviso to S. 23, Balochistan Civil Servants Act, 1974, which provides that where the said Act or any rule was applicable to the case of a civil servant, the case shall not be dealt with in any manner less favourable to him than that provided by the Act or such rule---Provincial Chief Minister/competent authority not only ordered out of turn promotion of the appellant on purported meritorious service, but also waived off requirement of provisions of Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 1979, bypassing the District Promotion Committee---Act of extending favour and conferring benefit of promotion was not only against the fundamental rights of promotion of appellant's peers on merits but, was also a glaring example of nepotism and undue favour, which act was also opposed to Oath of office of the Provincial Chief Minister---Out of turn promotion of appellant on directions of the Provincial Chief Minister could not be sustained---Petition for leave to appeal was dismissed accordingly. Abdul Malik and others v. Government of Balochistan through Secretary, Home and Tribal Department and others 2013 PLC (C.S.) 736; Abdul Shakoor and others v. Azad Government of the State of Jammu and Kashmir…

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