Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Policy 2011, Para II, II(a)--Appointment as  cler-IV--Deceased employee’s son quota--Higher qualification--Claim for change of post--Policy for appointment--Amendment in policy--Policy was regarding change of cader--Respondent Bank had changed policy to extent of qualification and candidates having MBA or equivalent qualification was to be inducted as Cash Officer (Officer Grade-III)--Whereas at time of appointment petitioner had only Intermediate certificate and was accordingly appointed to post as per policy--Petitioner through instant petition was seeking change of post from Cler-IV to Officer G-III from date of appointment however, he had been unable to point out any rules allowing change of cadre and at same time policy was silent about any clause with regard to change of cadre on basis of acquiring higher qualification--Policy of 2011 in clause (f) showed that on occurrence of vacancy commensurating qualification of candidate for post, he/she would compete for slot alongwith other candidates on merit hence petitioner had option to compete when a higher post is advertised--Petition dismissed.          [Para 7] A Mr. Hafeez-ul-Asad Shangla, Advocate for Petitioner. M/s. Faisal Mehmood Ghani ASC, Mehmooda Gul, Litigation Officer & Sohail Ahmad AVP, for NBP Date of hearing: 19.12.2024. Judgment Fazal Subhan, J.--Through the instant petition, filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner approached this Court with the following relief: “It is, therefore, humbly prayed that on acceptance of this writ petition the respondents may kindly be directed to change the past of petitioner from CLER-IV to Officer G-III from the date of his appointment and all the back benefits of Officer-G-III may also kindly be awarded to petitioner from the date of his initial appointment.” 2.       In essence father of the petitioner was regular employee of the respondent Bank and died during his service on 18.11.1987. After the death of his father, he was appointed as Cler-IV, on the…