Law: Constitution of Pakistan, 1973

Section: 199

  Constitution of Pakistan, 1973------Art. 199--Petitioner was retired form disciplined forces--Appointment with age relaxation--Special assignment--Petitioner was retired from service--Claim for performa promotion DSP--No recruitment rules of petitioners department--Withholding of promotion-- Petitioner, a retired Pakistan Air Force official was appointed in police department, based on age relaxation, which could hardly be allowed in disciplined force--There were no recruitment rules available for such promotion, and same was under process case of petitioner could only be considered if recruitment rules allow such proforma promotion--Petition disposed of.ORDER:ADNAN-UL-KARIM MEMON, JUSTICE:---.---The petitioner Muhammad Fakhr-ul-Hasnain requests this Court to order the respondent-Police Department, to promote him as Deputy Superintendent of Police (DSP) in BPS-17 with effect from 04.08.2001 and in BPS-18 from 31.01.2013 since the creation of the post of S.P Technical based on seniority cum fitness, however in the intervening period petitioner stood retired from service on 11.01.2019, now he seeks proforma promotion.2. The facts of the case are that the petitioner was appointed as Inspector Bomb Disposal Unit Special Branch, Sindh vide order dated 13.08.1998; that he was confirmed as Inspector under Police Rules 13-18 from the date 14.08.2001 vide office order dated 30.04.2010; that petitioner rendered more than 20 years service in the respondent police department till superannuation and retired with effect from 11.01.2019 vide office order dated 12.10.2018; that during service, he submitted an application for issuance of seniority list of Inspectors in Bomb Disposal Unit but the same was neither issued nor replied, however, the Police authorities had withheld his promotion letter on the analogy that no recruitment rules were/are available for such promotion to the rank of DSP amongst Inspectors of Bomb Disposal Unit Special Branch, however, the draft rules were forwarded to the competent authority for finalization as per various letters issued from time time.3. Learned counsel for the petitioner contends that this refusal is unjustified and…