Law:

Section:

(a) Civil service-------Promotion---Promotion is not such a guaranteed right as any one can claim or seek enforcement through a court---Rationale behind seems to be the satisfaction of the ultimate competent authority in the hierarchy to which the civil servant may belong, as the best to determine the suitability of a particular person for the post vests with the competent departmental authority---Interference with an assessment made by the departmental authority is rarely interfered with by the courts. Syed Noorul Hasan v. The Secretary, Ministry of Industries, Government of Pakistan Islamabad and others 1987 SCMR 598; Zafar Ullah Baloch v. Government of Balochistan and others 2002 SCMR 1056; Mian Abdul Malik v. Dr. Sabir Zameer Siddiqui and 4 others 1991 SCMR 1129; Muhammad Anis and others v. Abdul Haseeb and others PLD 1994 SC 539 and Government of Pakistan through Establishment Division, Islamabad and 7 others v. Hameed Akhtar Niazi, Academy of Administrative, Walton Training, Lahore and others PLD 2003 SC 110 ref. (b) Civil service--- ----Promotion-Public functionaries are supposed to be acting in good faith while performing their public functions and discharging their-duties, unless proved to the contrary. (c) Civil Servants Act (LXXI of 1973)--- ----S. 9---Service Tribunals Act (LXX of 1973), S. 4---Constitution of Pakistan, Arts 184 & 190---Promotion---Respondents although had purported to consider the case of the petitioner for promotion, yet stricto sensu and in letter and spirit the order of Supreme Court passed in the matter had not been carried out or complied with---In a petition filed by the Federation, Deputy Attorney-General had given an undertaking on the basis whereof the same was disposed of---Order of Supreme Court had to be implemented and carried out by the respondents in letter and spirit as they were bound by Article 190 of the Constituted to do so---Respondents were consequently directed to consider the case of the petitioner in a just and fair manner by taking into consideration his point of view---Petition was disposed of accordingly. Syed Noorul Hasan v. The Secretary, Ministry of Industries, Government of Pakistan Islamabad and…

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