Law:

Section:

(a) Punjab Civil Servants Act (VIII of 1974)-- ---Ss. 4, 8 & 23--Punjab Cavil Servants (Appointment and Conditions of Service) Rules, 1974, R. 18--Punjab Health Department (Medical and Dental Teaching Posts) Rules, 1979, col. 6--Civil service--Promotion--Eligibility for promotion as Professor--Associate Professor in the line possessing qualifications prescribed for the post of Assistant Professor was eligible for promotion as Professor--Assistant Professor, how high so ever he might be qualified, was not eligible for promotion as Professor. Iqan Ahmad Khurram v. Government of Pakistan P L D 1980 S C 153 and Ch. Muhammad Ihsha Allah and others v. Chief Conservator of Forests P L D 1988 S C 155 ref. (b) Civil service-- --- Promotion--Eligibility--Future promotion was not a vested right of a civil servant and therefore, he cannot challenge the vires of the rules affecting such future promotion. (c) Punjab Service Tribunals Act (IX of 11974)----- ---S. 4--Constitution of Pakistan (1973), Art. 199--Civil service--Promotion-­Eligibility through Constitutional petition--Eligibility was not covered by ouster clause incorporated in proviso `B' to S. 4 of Punjab Service Tribunals Act, 1974-­Thus civil servant can maintain an appeal before Service Tribunal--As civil servant cannot claim promotion as a matter of right, therefore, he cannot invoke Constitutional jurisdiction of High Court--Civil servant having failed to show that there was any violation of any law, rules, or regulations, there was no merit in Constitutional petition--Civil servant having no locus standi to maintain the petition same was dismissed. ORDER The petitioner is serving as an Assistant Professor (Radiology). He is desirous of posting as a Professor in the same department. The relevant facts are that after doing his M.B.,B.S. from the Punjab University he obtained a degree from Diplomate of the American board of Radiology. U.S.A. This degree is equivalent, to F.C.P.S, (Pakistan) The petitioner is stated to have practised tram 1976 to 1982 in New York as Radiologist. On return to Pakistan he joined as an Assistant Professor (Radiology) on contract basis on 10-7-198. Then he applied for the same…

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