Law:

Section:

Punjab Small Industries Corporation Act (XV of 1973)--- ----S. 15---Punjab Small Industries Corporation (Services and Recruitment) Rules, 1976, Rr. 2 & 4---Constitution 'of Pakistan (1973), Art. 199--­Constittutional petition ---Up-gradation of post---Validity---Writ of quo warranto---Issuance of---Petitioner entered employment of Corporation as an Assistant Director in BPS-16 earlier in time, whereas respondent was appointed subsequently directly as a Deputy Director in BPS-17---Later on when post of respondent was upgraded from BPS-17 to BPS-18, petitioner who had never challenged initial appointment of respondent in BPS-17 challenged upgrading of respondent in BPS-18 simply assuming that such upgrading of respondent would hinder prospects of his promotion---Peculiar psyche of petitioner remained a figment of his imagination but would not make him an aggrieved person within meaning of Art. 199 of Constitution of Pakistan (1973)---In absence of any violation of relevant Rules in upgrading the post of respondent, petitioner neither was an aggrieved person nor had locus standi to challenge -upgrading of respondent---Writ of quo warranto, thus, could not be issued in favour of petitioner as writ of quo warranto was not to be issued as a matter of course or on sheer technicalities on a doctrinaire approach. Dr. Kamal Hussain and 7 others v. Muhammad Sirajul Islam and others PLD 1969 SC 42 ref. JUDGMENT Muhammad Sarwar Shad, a Joint Director (Grade-18) in the Punjab Small Industries Corporation, a Statutory Corporation established under the Punjab Small Industries Corporation Act of 1973 (Act XV of 1973), brought this Constitutional petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, assailing the order of the Punjab Small Industries Corporation (respondent No. 1) dated the 29th of January, 1990 (Annexure B), whereby the then Minister for Industries and Mineral Development Department/Chairman, Punjab Small Industries Corporation, was pleased to order the upgradation of the post of the Vigilance Officer from Grade-17 to Grade-18 and also promotion of the incumbent thereto with effect from 23rd of January, 1990. The incumbent…

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