Law: Constitution of Pakistan, 1973

Section: 199

Civil service--- ----Promotion---Eligibility and fitness---Employee seeking setting aside of out-of-turn promotion of respondents and for consideration of his promotion---Validity---Contention of petitioner was that he was entitled for consideration of promotion from the date of promotion of his juniors who had been promoted illegally---Validity---Claim and counterclaims of the parties could not be adjudicated by the High Court under constitutional jurisdiction---Promotion would depend on eligibility, fitness and availability of vacancy---No employee could claim promotion as his Fundamental and vested right---Government was directed by the High Court to scrutinize the service record of respondents and determine whether or not they had been legally promoted, upgraded and absorbed and whether directions of Supreme Court in respect of the issue had been adhered to or not---Constitutional petition was disposed of in circumstances. Ali Azhar Khan Baloch v. Province of Sindh 2015 SCMR 456; Secretary, Government of Punjab and others v. Dr. Abida Iqbal and others 2009 PLC (C.S.) 431 and Government of Khyber Pakhtunkhwa and others v. Hayat Hussain and others 2016 SCMR 1021 rel. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, J.---- Through this Constitution Petition Petitioner seeks implementation of Paragraphs Nos. 114 to 121 and 138 of the judgment passed by the Hon'ble Supreme Court in the case of Ali Azhar Khan Baloch v. Province of Sindh (2015 SCMR 456). Simultaneously, prays for setting aside the up-gradation of Respondents Nos. 5, 6, 8 to 11 and their repatriation to original grade and post. Petitioner further seeks direction to official Respondents for consideration of his promotion to BPS-16 as Assistant from the date of promotion of his juniors. 2. Gist of the case is that the Petitioner was appointed Lower Divisional Clerk (LDC) in BPS-8 on 23.01.1984 in the then Karachi Building Control Authority (KBCA), presently known as Sindh Building Control Authority (hereinafter referred to as SBCA). The petitioner asserts that he attempted several times to approach the competent authority for his promotion as Assistant but he was only given officiating charge in OPS…

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