Law:

Section:

Constitution of Pakistan (1973)--Art. 212(3)---Promotion---Civil servant challenged respondent's promotion on the ground of malice in law as the same was allegedly not according to rules even if seniority of respondent was considered---Promotion of respondent on basis of record was strictly according to rules and merits and he was also senior to civil servant---No flaw or legal infirmity was pointed out in the of High Court which had maintained respondent's promotion being strictly according to rules and merit---Interference was not warranted in the of High Court---Leave to appeal was refused in circumstances. Rana Muhammad Sarwar v. Government of Punjab 1990 SCMR 999 ref. ORDER SAJJAD ALI SHAH, J.---Leave to appeal is sought against judgment dated 8-12-1991 of Peshawar High Court, Peshawar, whereby writ petition filed by petitioner herein is dismissed in which he had challenged validity of Notification dated 24-11-1990, whereby respondent No. 4 Syed Maqbool Ali Shah was promoted to the post of Assistant Director, Civil Defence (BPS-17) N.-W.F.P. 2. Petitioner does not dispute that respondent No. 4 is senior to him but his grievance is that the post of Assistant Director in BPS-17 is to be filled on the basis of selection and merits with particular reference to fitness or higher responsibilities from amongst Civil Defence Officers. His case was very strongly recommended by the Director, Civil Defence, who forwarded A.C.Rs. of both the candidates but Provincial Selection Board ignored his service record and approved respondent No. .4 for the promotion. Petitioner also claims that he is more qualified for the post as his confidential record is better than that of respondent No. 4. 3. During the pendency of writ petition in the High Court parawise comments were filed on behalf of respondent No. 1 Chief Secretary and respondent No. 2 Secretary, Home and Tribal Affairs Department, Peshawar, giving full particulars of entry in service by respondent No. 4 and petitioner and their dates of promotions showing respondent No. 4 as senior to petitioner having acquired promotions earlier in point of time than the petitioner. It is mentioned that petitioner was transferred…

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