Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Servants Act, 1973

Section: 9

Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973

Section: 7,7-A

(a) Constitution of Pakistan--- ----Art.199---Judicial review---Separation of powers, doctrine of---Scope---High Court exercises power of judicial review in order to determine whether actions taken by Executive are consistent with the Constitution and law---Questionable actions of Executive, which involve abuse of discretion or based on unfairness and arbitrariness are exposed to judicial scrutiny and amenable to judicial review under Art.199 of the Constitution--- Great caution has to be exercised so as to ensure that scheme of Constitution i.e. doctrine of separation of powers is respected and is not unnecessarily disturbed by encroaching into domain of other branches. Dosani Travels (Pvt.) Ltd. and others v. Messrs Travels Shop (Pvt.) Ltd. and others PLD 2014 SC 1; Syed Yousaf Raza Gillani, Prime Minister of Pakistan v. Assistant Registrar, Supreme Court of Pakistan and another PLD 2012 SC 466; Brig. (Retd.) Imtiaz Ahmad v. Government of Pakistan through Secretary, Interior Division, Islamabad and 2 others 1994 SCMR 2142; Messrs Elahi Cotton Mills Ltd. and others v. Federation of Pakistan through Secretary Ministry of Finance, Islamabad and 6 others PLD 1997 SC 582 and Messrs Power Construction Corporation of China Ltd. through Authorized Representative v. Pakistan Water and Power Development Authority through Chairman WAPDA and 2 others PLD 2017 SC 83 rel. (b) Constitution of Pakistan--- ----Art.199---Constitutional petition---Civil service---Policy making---Scope--- High Court cannot interfere in policy making domain by curtailing freedom of competent authority nor can dictate factors which should or should not be considered---Authority competent to formulate policy promotion is the best judge because it has a better understanding of nature of job and requirements related to a particular post. (c) Civil Servants Act (LXXI of 1973)--- ----S.9---Promotion---Eligibility and fitness---Determination---Clear distinction between "eligibility" and "fitness" exists---Question of "eligibility" relates to terms and conditions of service--- Such grievance becomes amenable to jurisdiction of Federal Service Tribunal---Fitness, on the other hand involves 'subjective…

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