Law:

Section:

(a) Civil service--- ----Promotion---Civil servant working in BPS-16 claimed promotion in Selection Grade B-17, simply on ground that one of his seniors had been placed in Selection Grade B-17--Civil servant through mechanical process merely on existence of vacancy, was not automatically entitled to be placed in Selection Grade B-17---Competent Authority was bound to assess eligibility of civil servant on basis of seniority-cum-fitness---Promotion from one position to another in absence of any statutory provisions or enforceable conditions of service, could not be claimed as of right---Matter of placing in Selection Grade or promotion, even otherwise fell within exclusive discretion of Government subject to eligibility of civil servant for such post by considering his seniority­cum-fitness---Right of appropriate Authority to select a person for particular post through equitable and impartial application of relevant Rules, could not be snatched or curtailed---Even denial of promotion to a civil servant, would not constitute infringement of fundamental right or law---Civil servant could be eligible for promotion, but it would not create entitlement---No vested right, thus had at all accrued in favour of civil servant for obtaining Selection Grade-17 in circumstances. Muhammad Hayat v. Secretary, Tourism Division, Islamabad and 2 others PLJ 1991 Tr.C (Service) 119 and Aminullah v. Member, Board of Revenue and others PLD 1982 Quetta 73 ref. (b) Constitution of Pakistan (1973)-- ----Art. 199---Constitutional jurisdiction, exercise of---Petitioner who himself opted to prefer appeal before Competent Authority could not challenge competency of such appeal by invoking Constitutional jurisdiction---None of subsisting right of petitioner having been violated to provide cause of action for filing Constitutional petition, same was dismissed, in circumstances. Sardar Muhammad Ayub v. Pakistan through Secretary, Ministry of Resettlement and Rehabilitation, Rawalpindi and others 1969 SCMR 96(2); Abdul Razzaq v. Ch. Sultan Muhammad Khan and 3 others 1975 SCMR 13 and Amanullah Khan (A. Khan) v. Chotey Khan 1978 SCMR 14 ref. JUDGMENT MUNAWAR AHMED MIRZA, C.J.---Petitioner was…

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