Law:

Section:

Civil service--- ----Promotion---Vested rights---Scope---Employees passed departmental promotion examination and were on waiting list but department changed Rules for promotion---Contention of petitioners in Constitutional petition was that they had acquired vested rights for promotion and same could not have been taken away---Validity---Petitioners had passed departmental promotion examination and were on waiting list---Vested rights had acquired by the employees which could not have been done away by changing promotion Rules---Department had prerogative to formulate new Rules but rights acquired vis- -vis old Rules could not be taken away retrospectively---Employees were aggrieved only with regard to promotion quota as they were on waiting list---Controversy did not fall within terms and conditions of service---Constitutional petition was maintainable, in circumstances---High Court sent copy of constitutional petition along with annexures to the department to treat the same as representation of employees and decide the same in accordance with law---Constitutional petition was disposed of, accordingly. JUDGMENT AAMER FAROOQ, J.---- The instant judgment shall decide the present petition as well as W.Ps. Nos. 904 and 782 of 2019, as common questions of law and facts are involved. 2. The petitioners are employees of Federal Board of Revenue (FBR) and are aggrieved of office order/circular dated 28.10.2018 to the extent of paragraph-g contained therein. The petitioners are Upper Division Clerks (UDCs), who were waiting for promotion as Inspector and in this behalf, also sat for Departmental Promotion Examination and were successful. They were on the waiting list inasmuch as due to lack of promotional seats, they were not being promoted. 3. Learned counsel for the petitioners, inter alia, contended that by virtue of letter dated 28-10-2018, the old recruitment rules have been done away with and in this behalf, even examination results and waiting list have been scrapped. It was submitted that the petitioners are aggrieved to the extent that they were successful in the examination and also were on the waiting list for promotion, hence had acquired vested rights,…

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