Law:

Section:

Constitution of Pakistan (1973)-------Art. 185(3)-contest over promotion of officers of P. C. S. I. R. ­Promotion, as a general rule, a matter within exclusive discretion and of competent authority and no officer has a vested right there to-vires of Policy letter laying down criteria for promotion of Research Officers not challenged by petitioner before High Court-Held, cannot be examined by Supreme Court at stage of leave petition ­Uncontroverted facts established on record indicating no case of discrimination against petitioner-Petition for leave to appeal dismiss­ed.-[Civil services]. Abdul Samad Khan, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 22nd November, 1983. ORDER ZAFFAR HUSSAIN MIRZA, J.-Petitioner Abdul Jabbar Khan an respondents No. 4 to 12, who are all employees working in the P. C. S. I. R Laboratories at Peshawar were promoted to Grade 17 on 14-6-1976. The promotion given to the said respondents was ordered to take effect from the date of their passing the M. Sc. examination with a benefit of five advance increments with effect from 1-7-1975. As similar privilege was not extended to the petitioner and his representation in this behalf was dismissed, instituted a Constitutional Petition in the Peshawar High Court, Peshawar seeking a direction that he be treated on par with the said respondents The learned Judges of the High Court found that the promotion of the respondents was based on the policy decision of the competent authority a contained in the letter No. 512/914/73, dated 16th July, 1973 which stipulate for the grant of Class I status to all Research Chemists and equivalent officer working in the Council but this benefit was expressly restricted to such officers who had passed the M. Sc. examination in 2nd division. As the petitioner had admittedly passed his M. Sc. examination in the 3rd division he was not extended the benefit of the policy decision referred to above He was, however, promoted on his representation by a decision of the Selection Board dated 2-6-1976 as a special case, on the basis of his experience any work consisting of publications to his credit. The High Court,…

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