| Citation(s) |
|---|
| 2022 SLG 1677 2022 SLD 1677 2022 PLJ 97 |
Peshawar High Court
W.P. No. 725-P of 2015, decided on 22.2.2022.
LAL, JAN KHATTAK AND MUHAMMAD FAHEEM WALI, JJ.
Mr. Nasir Mahmood, Advocate for Petitioner. Mr. Muhammad Inam Khan Yousafzai, Advocate for Provincial Government. Mr. Sabahuddin Khattak, Advocate for
Respondents.
W.P. No. 725-P of 2015, decided on 22.2.2022.
LAL, JAN KHATTAK AND MUHAMMAD FAHEEM WALI, JJ.
Mr. Nasir Mahmood, Advocate for Petitioner. Mr. Muhammad Inam Khan Yousafzai, Advocate for Provincial Government. Mr. Sabahuddin Khattak, Advocate for
Respondents.
RIFFATULLAH, DRAWING MASTER, MUNICIPAL INTER COLLEGE (BOYS), PESHAWAR
VS
SECRETARY TO GOVERNMENT OF KHYBER PAKHTUNKHWA, LOCAL GOVERNMENT ELECTIONS RURAL DEVELOPMENT DEPARTMENT, PESHAWAR and others
Law: Constitution of Pakistan, 1973
Section: 199
Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989-- ----R. 60--Constitution of Pakistan, 1973, Art. 199--Appointment as drawing master--Advertisement for post of SET--Filing of application--Quota for senior drawing master--Non-observance of quota was on top of seniority list--Direction to--50% quota so reserved by rules made by City District Government by promotion on basis of seniority-cum-fitness does not provide further sub-distribution amongst various other cadres in department and by any stretch of imagination, it cannot be held that 4% quota reserved for Senior Drawing Master has been done away with--It can be safely held that reserved 4% quota from amongst Senior Drawing Master is still intact and respondents are bound to observe same--Petition allowed. JUDGMENT Muhammad Faheem Wali, J.--Through this petition, filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner has prayed for the following relief: ‘It is, therefore, respectfully prayed that on acceptance of this writ petition, this honorable Court may be pleased to issue a writ declaring the advertisement to be illegal and thus set-aside with further directions to the respondents to promote the petitioner for promotion to the post of SET. Any other remedy not specifically asked for but appropriate in the circumstances of the case may also be awarded to the petitioner”. 2. Brief facts of the case, as per averments of the petition in hand, are that on 22.04.2004. the petitioner was appointed as Drawing Master by the respondents and from the date of his appointment, he is working on the said post. At the time of his selection, he was having qualification of Master in Islamic Theology from the University of Peshawar, however, later-on, he further improved his qualification and got degree of B.Ed from the said University. On the promotion of one Noor Muhammad, to the post of Subject Specialist, the post of SET fallen vacant, hence, the petitioner submitted an application dated 04.02.2013, followed by a reminder dated 22.04.2013, to the respondents for his promotion against the vacant post of SET but in vain. It is further…
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