Law:

Section:

Punjab Civil Servants (Appointment and Promotion) Rules, 1974--- ----R.9---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Promotion---Civil servant was entitled to be promoted to the newly created post of Jamadar on account of his being senior most incumbent, but instead opposing civil servant was directly appointed to that post by relaxing his age---Opposing civil servant had contended that he was rightly appointed to post of Jamadar because that post was created for him on his application, under the order of President of Pakistan---Post of Jamadar was created for Tumman, Lund Tribe of D.G. Khan which was to be filled in accordance with the procedure laid down in the Punjab Civil Servants (Appointment and Promotion) Rules, 1974 and order of President of Pakistan did not show that said post was created for opposing civil servant---Civil servant who was a chief of Tumman Lund Tribe was entitled to be posted on that post on account of his seniority-cum-fitness---Order of appointment of opposing civil servant on post of Jamadar being contrary to established principles of law and rules, was declared wholly without jurisdiction and nullity in the eyes of law, with direction that post of Jamadar should be filled in by Authorities in accordance with Punjab Civil Servants (Appointment and Promotion) Rules, 1974 keeping in view the principle of seniority-cum­fitness from the force of Tumman Lund Tribe. JUDGMENT Asghar Ali Khan filed this petition on 11-4-1994 against the respondents with the prayer for his promotion to the newly created post of Jamadar on account of his being senior most. It was further prayed that respondent No.5, may not unlawfully be accommodated to the post of Jamadar by relaxing his age in violation of rules. It was also prayed that during the pendency of the petition he may not be appointed as Jamadar with effect from 1-7-1994. 2. On 12-4-1994 report and parawise comments were called for within a period of two weeks and the case be fixed immediately on receipt of the comments. The comments were submitted by respondent No.l. In reply to Ground-C, it was stated that the petition is based on mere conjectures because the post is…

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