Law: Constitution of Pakistan, 1962

Section: 98

(On appeal from the order of the High Court of Sind & Baluchistan at Karachi, dated the 26th January 1971, in Coast. Petition No. 2 of 1971). Civil services-Seniority, right of-M successfully passing qualifying examination for promotion to higher post and placed al serial No. 13 in list of persons qualified for promotion-System of qualifying examination abolished subsequently with result that per sons who had not passed qualifying examination but were otherwise senior to M were placed higher in list of eligible candidates for promotion-Held, M by passing qualifying examination, under system then prevailing, had not acquired any vested right and could nor ask for enforcement of such right-Constitution of Pakistan (1962) Art. 98. Date of hearing : 16th February 1972. JUDGMENT SAJJAD AHMAD, J.-The petitioner, who was an Inspector, in the office of the Collector, Central Excise and Land Customs, Karachi, passed the prescribed qualifying examination successfully for promotion to Class II Post of Deputy Superintendent in the same department. According to the directive of the Central Board of Revenue made in March 1957, the system of qualifying examination was the only channel of promotion to the post of Class II Deputy Superintendent. After the petitioner passed the examination, his name was placed at serial No. 13 in the list of Inspectors who were qualified for promotion. However, the Central Board of Revenue, by a fresh directive issued on the 8th of October 1970, abolished the system of qualifying examina tion, with the result that respondents Nos. 4 to 11, who were basically senior to the petitioner but had not passed the qualifying examination, were placed senior to him in the list of the eligible candidates for promotion as Deputy Superintendents. The petitioner sought to challenge this latter directive of the Central Board of Revenue in writ jurisdiction of the High Court, on the contention that this has resulted to his prejudice by altering the terms and conditions of his service,…