Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Petitioner, a judicial officer, sought adjustment of his seniority and pro-forma promotion---Validity---Case of the petitioner was considered and rejected by the Chief Justice of the High Court and no rule had been violated nor any Fundamental Right had been infringed---All actions and orders taken by the High Court or Supreme Court or by any judge thereof in the exercise of functions and powers of his office were not amenable to Constitutional jurisdiction of High Court---Constitutional petition was dismissed, in circumstances. Asif Saeed v. Registrar Lahore High Court PLD 1999 Lah. 350 and Muhammad lqbal and others v. Lahore High Court through Registrar and others 2010 SCMR 632 distinguished. Abrar Hussain v. Government of Pakistan and another PLD 1976 SC 315 rel. THIS ORDER PASSED BY: AYESHA A. MALIK, J.--- Through this petition, the Petitioner seeks proforma promotion and pensionary benefits. 2. The case of the Petitioner is that he was not promoted in the year 2014 whereas Respondents Nos.2 and 3 were promoted as Deputy Registrar ("DR") who were junior to him. The Petitioner filed a representation which was heard and declined without assigning any reason. Thereafter, the Petitioner retired from service without being promoted. The Petitioner now prays that the seniority of Respondents Nos.2 and 3 be readjusted and he be given proforma promotion. 3. At the very outset, the question of maintainability of the instant petition was put before the learned counsel. He argued that the petition is maintainable on the strength of the judgment passed by the Hon'ble Supreme Court of Pakistan in Constitution Petition No.03 of 2014 and C.M.A No.8540 of 2015. He argued that in the stated judgment it is held that a writ against the High Court is maintainable and that the earlier law laid down in the cases titled "Asif Saeed v. Registrar Lahore High Court" (PLD 1999 Lahore 350) and "Muhammad lqbal and others v. Lahore High Court through Registrar and others" (2010 SCMR 632) has been declared as per incuriam. 4. The judgment…

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