Law:

Section:

Constitution of Pakistan------Art. 199---Constitutional petition---Maintainability---Civil service---Promotion---Petitioners, who were employed as Junior Clerks in BPS-7 and were performing their duties since long, were legitimate expectants for the next promotion, but were deprived of the same, whereas respondents who were junior clerks in BPS-5 were given the promotion---Constitutional petition by the petitioners having been accepted by the Single Bench of High Court, respondents filed intra-court appeal---Appellants (respondents) had contended that constitutional petition in which impugned was passed, was barred by Art.212(2) of the Constitution, as relief sought related to terms and conditions of service---Each petitioner had filed departmental representation to seek redress of his grievance to the effect that he was entitled to promotion; having done so, petitioners had a statutory remedy before Service Tribunal---Existence of alternative remedy had created a bar to filing of the constitutional petition---Double bar existed, in circumstances to entertain and adjudicate the constitutional petition under Art.212(2) of the Constitution---Intra-court appeals were allowed and impugned passed by the Single Bench of High Court in constitutional petition was set aside. 2010 SCMR 676; 2010 SCMR 1484 and M.H. Mirza v. Federation of Pakistan 1994 SCMR 1024 ref. 2010 SCMR 676 and 2010 SCMR 1484 rel. Dr. Abdul Basit and Nadeem Zaman Qureshi for Appellants. Ch. Muhammad Khalid Farooq and Mian Manzoor Hussain for Respondents. H.R. Haider for Applicant (in Civil Miscellaneous No.73 of 2009). Hafiz Tariq Mahmood for Parks and Horticulture Authority. Date of hearing: 24th November, 2010. JUDGMENT CH. MUHAMMAD TARIQ, J.---- This consolidated judgment shall dispose of I.C.As. Nos.262 of 2008 and 258/2008 as both these I.C.As. arise out of one and the same judgment dated 8-7-2008 passed by learned Single Judge in Writ Petition No.3736 of 2008. 2. Brief facts of the case are that the writ petitioners are employed as Junior Clerks in BPS-7, they were performing their duties since long and were legitimate expectants for the next promotion but they were deprived of the same…

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