Law:

Section:

Punjab Service Tribunals Act (IX of 1974)-------S. 4---Constitution of Pakistan (1973), Arts. 199 & 212---Pro forma promotion---Challenge to---Constitutional petition---Competency---Pro forma promotion granted to civil servant was challenged by opposing civil servant by filing Constitutional petition before High Court---Question relating to eligibility or otherwise of civil servant for being considered for promotion, fell within exclusive jurisdiction of Service Tribunal and High Court had no jurisdiction to entertain Constitutional petition in that matter---Order of High Court issuing writ against pro forma promotion of civil servant, was recalled, in intra-Court appeal. Mrs. Aqeela Asghar Ali v. Miss Khalida Khatoon Malik and others PLD 1991 SC 1118; Imam Bakhsh and 4 others v. Deputy Commissioner, Layyah and 16 others 1992 SCMR 365 and IA. Sharwani and others v. Government of Pakistan through Secretary, Finance Division, Islamabad and others 1991 SCMR 1041 ref. Azam Rasul for Appellant. Afzaal Ahmad Qureshi for Respondent No. 1. Nemo for Respondents Nos. 2 and 3. Date of hearing: 26th February, 1994. JUDGMENT IRSHAD HASAN KHAN, J: --This Intra-Court arises from the judgment and order dated 2-2-1992 passed by the learned Single Judge in Writ Petition No. 6351 of 1991: Ashfaq Ahmad Qureshi was serving as Superintending Engineer, 1st Building Provincial Circle, Rawalpindi, under the Government of Punjab. He challenged Notification No.SOEI (C&W)3-42/67, dated 21-7-1991 issued by the Government of the Punjab, Communication and Works Department, whereby Mr. Abdul Vakil Malik, Superintending Engineer/Director, P&D, Punjab Highway Department, Lahore, appellant herein, was granted pro forma promotion as Superintending Engineer with effect from 20-1-1981 i.e. the date when his junior Mr. Sajid Ali Gardezi was so promoted. His grievance was that pro forma promotion of the appellant adversely affected his interest and that he has been…

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