Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art. 199---Employee of National Bank of Pakistan---Proforma promotion---Disallowed---Interference by the High Court in its constitutional jurisdiction---Not warranted---Respondent-employee had been superseded in 2010 which supersession was not challenged within a reasonable time---Constitutional petition filed by the respondent before the High Court suffered from laches---Further, there was no provision in the relevant service rules of the petitioner-Bank for the right to be granted proforma promotion---This was coupled with fact that the respondent had already retired from service and received all his benefits due to him under the law---As such, interference by the High Court in the matter at the stage that it interfered was not supported either by the relevant law or by any of the service rules which governed the terms and conditions of employees of the Bank---Petition for leave to appeal was converted into appeal and allowed, and impugned judgment of the High Court was set-aside. ORDER IJAZ UL AHSAN, J.---Leave to appeal is sought against a judgment of the Peshawar High Court dated 15.12.2020. Through the impugned judgment a constitutional petition filed by the Respondent No.1 (Respondent) was allowed and it was held as follows:- "In view of the above, we have reached at inescapable conclusion that the action of the respondent by not promoting the petitioner to the post of SVP/EVP requiring him to obtain 34 marks is based on alien consideration, therefore, we allow this writ petition and accordingly direct the respondents to convene a meeting of Departmental Promotion Board by whatever name it is known in the dispensation of the respondent and consider the case of the present petitioner for his notional promotion strictly in accordance with their rules and policy. The needful be done within three months positively from receipt of judgment of this Court." 2. The learned counsel for the petitioner submits that in the first place, there is no provision for proforma promotion in the service rules of the petitioner/Bank. He further maintains that admittedly the respondent had been superseded in 2010, however, he did not challenge…

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