Law:

Section:

Civil Servants Act (LXXI of 1973)-----S. 8---Constitution of Pakistan (1973), Arts 199 & 212---Constitutional petition---Maintainability---Denial of promotion---Validity---Dispute between parties related to terms and conditions of service, which fell within exclusive jurisdiction of Service Tribunal---No other Court would grant injunction, make any order or entertain any proceedings in respect of any matter to which jurisdiction of such Administrative Court or Tribunal extended---Constitutional petition was, thus, not competent---Even if mala fides was alleged, then too, such action would fall within jurisdiction of Service Tribunal---Service' Tribunal would have jurisdiction in service matters even if orders were challenged on ground of mala fides, being arbitrary or passed in fanciful exercise of authority. Miss. Rukhsana Ijaz v. Secretary Education, Punjab and others 1997 SCMR 167; Ayyaz Anjum v. Government of Punjab, Housing and Physical Planning Department through Secretary and others 1997 SCMR 169 and Munshi Muhammad Azam v. A.C. etc. 1996 PLC (C.S.) 415 rel. Shaukat Rauf Siddiqui for Petitioner. ORDER This writ petition is filed by the petitioner in order to challenge the order dated 1-9-1997 and 9-9-1997 passed by respondent No. l respectively on the ground that those are illegal, without lawful authority and smacks mala fide. 2. The brief facts are that the petitioner was appointed as Lower Division Clerk in Defence Science and Technology Organisation (DESTO) with effect from 23-12-1964 and since then has rendered ~2 years of service. The petitioner was allegedly promoted as Superintendent (BPS-l6) with effect from 10-10-1984 vide DESTO (HQ) Letter No.1067/3/DESTO/Adndn-2 dated 15-10-1484 (Annexure A). He was granted Selection Grade BPS-17 with effect from 18-5-1994 vide letter dated 19-6-1994 (Annexure B). The post of Admin Officer (BPS-17) fell vacant at DESTO Labs Chaklala, Rawalpindi on 6-2-1997 on the retirement of one Abdur Rashid, the then Admin Officer. The post was to be filled by promotion as per recruitment rules. The petitioner being the senior most Superintendent was given current charge of the Admin Officer in BPS-17 subject to his…

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