Law: Constitution of Pakistan, 1973

Section: 199

Law: Qanun-e-Shahadat (10 of 1984)

Section: 87

Constitution of Pakistan, 1973-- ----Art. 199--Qanun-e-Shahadat Order (10 of 1984), Art. 87--High Court Procedure Rules, 1984, R. 32(2)--Employee--Appointment and promotion--Certified copies--Non furnishing of--Admission of documents--Maintainability--Held: High Court have admitted documents relied upon by appellant and no objection was raised by them, therefore, in such scenario no violation of Rule 32(2) was made. 2002 SCR 315, ref. JUDGMENT Raja Saeed Akram Khan, ACJ.--The titled appeal by leave of the Court has been addressed against the judgment of the High Court dated 22.01.2016, whereby, the writ petition filed by the appellant, herein, and another has been dismissed. 2. The summary of the facts is that the appellant, herein, and another filed a writ petition before the High Court alleging therein that they being qualified as B.A. with one year Diploma of Kashmir Forest School (KFS) was inducted into the service of Azad Kashmir Logging and Sawmills Corporation (AKLASC) as Supervisor Grade-B (BPS-10) on 10.06.1986 and were promoted as Supervisor Grade-A (BPS-13) on 17.12.2003. It was stated that Respondents No. 4 to 6, herein, were inducted in the service of the AKLASC department as Supervisor (BPS-10) and directly promoted in BPS-16 who are most junior to the appellant, herein, against the Departmental Rules, whereas, respondents Ho.7 and 8, therein, were promoted on the basis of seniority-cum-fitness by ignoring the qualification criterion, which was essential for promotion of Sub-Manager Sales (BPS-16). It was craved that the impugned orders passed by Respondents No. 1 to 3 dated 25.03.2008, 26.04.2008, 14.03.2009, 20.10.2011 and 25.10.2011 may be set-aside and the petitioners may be ordered to be promoted accordingly. The writ petition was admitted for regular hearing. The written statement was filed on behalf of private-respondents, whereby, the claim of the appellant was repudiated in toto. The learned High Court after necessary proceedings dismissed the writ petition on the ground that the same has not been filed in compliance with the Rule 32 (2) of the High Court Procedure Rules, 1984, read with Article 87 of the Qanun-e-Shahadat Order, 1984,…

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