Law: Constitution of Pakistan, 1962

Section: 98, 172

Civil services - Promotion always a matter of discretion and not of right---Writ cannot be issued on hypothetical and imaginative basis-Constitution of Pakistan (1962), Art. 98, The petitioner prayed for a direction to be issued for framing the rules regard to the service in which he was prior to his promotion. The necessity for getting such a direction issued, according to him was that in case such rules are framed and in case in those rules something favour able is introduced In such a way which may for instance provide (hall members of "class II Service of Pakistan Audit Department" will be eligible for promotion to "Pakistan Audit and Accounts Service on occasion alai in proportion better than that on which the petitioner wars promoted in January 1968, then he will try to avail of the same and claim retrospective promotion in accordance with the aforesaid to-be-framed rules. Held: Apart from being a totally wrong approach to the problem its hand it Is a too hypothetical and imaginative basis for getting a writ issue from the High Court. Especially when promotion is always a matter of discretion and not of right. The recruitment to the "Pakistan Audit and Accounts Service" is made basis of its own rules and the framing of rules of Class II service of Pakistan Audit Department in that context is irrele vant. The petitioner was promoted to "Pakistan Audit and Accounts Service" in accordance with rules of that superior service, and so long as his promotion was in conformity with those rules the mere absence of dines or absence of promotion-prospects in the rules of the feeding service is immaterial. (b) Constitution of Pakistan (1962) Art. 98 read with Art. 178-Government servant---Prospect of promotion --- Not covered by phrase "terms and conditions of service"-Writ petition could be filed only wrath regard tea condition and terms specified in Constitution--Prospects of promotion not being specified In Constitution, petition with regard to such prospect, held incompetent.                          …