Law: Constitution of Pakistan, 1973

Section: 199

Civil service--- ----Promotion---Contention of employees was that their promotion had been deferred without any reason and justification---Validity---Present matter was with regard to the determination of fitness of employees for their promotion---Employees had been deferred by the competent authority twice and they had alleged discrimination---High Court had Constitutional jurisdiction to interfere in the present matter---Cases of promotion of petitioners were deferred on the question of their integrity and reputation---Competent authority while assessing cases of petitioners for promotion had not given due consideration to their annual confidential reports of said period---Observations of competent authority were contrary to the evaluation and remarks of Reporting Officer made in the Performance Evaluation Reports of the employees had been reported as very good and honest officers by the Reporting Officer and Countersigning Officers had agreed with the said reports---No valid and legal ground or reason existed to defer the case of employees for promotion were entitled for the same relief as had been granted to the similarly placed employees of the department---Department was directed by the High Court to consider the case of petitioners for promotion from the date of their deferment for promotion in the next meeting of Promotion Board---Constitutional petition was allowed accordingly. Hameed Akhtar Niazi v. The Secretary, Establishment Division, Government of Pakistan and others 1996 SCMR 1185 and Government of Punjab through Secretary Education, Civil Secretariat, Lahore and others v. Sameena Parveen 2009 SCMR 01 ref. Syed Iftikhar Hussain Shah and others v. Government of Pakistan and others 1998 SCMR 2009; Secretary Establishment Division, Government of Pakistan, Islamabad v. Aftab Ahmed Manika and others 2015 SCMR 1006; Muhammad Iqbal and others v. Executive District Officer (Revenue), Lodhran and another 2007 SCMR 682 and Director General Intelligence Bureau, Islamabad and others v. Amir Mujahid Khan and others 2010 PLC (C.S.) 946 rel. JUDGMENT MUHAMMAD FARRUKH IRFAN KHAN, J.---- Through this constitutional petition under Article 199 of the Constitution…

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