Law:

Section:

(a) North-West Frontier Province Civil Servants Act (XVIII of 1973)------S. 9---Constitution of Pakistan (1973), Arts 4, 25 & 199---Constitutional petition---Promotion---Allegation of discrimination---Petitioners being tracers were granted promotions/appointment as Draftsmen without their having required qualification of diploma in relevant branch of engineering--­Within one week of issuance of such notification corrigendum was issued as a result of which petitioners were deprived of BS-11 but were granted BS-10---Petitioner challenged such action of authorities on ground of violation of Fundamental Rights in matter of promotion ---Validity-­Petitioners having been treated at par with all those draftsmen who were promoted as such after 19-8-1976, could not complain of discrimination--­Petitioners and all other draftsmen who were not qualified Diploma holders (being minimum qualification for appointment of draftsman) were promoted as such under relevant rules after notifying amendment on 13-6-1977 had been granted BS-10---Petitioners thus, failed to establish case of discrimination or violation of fundamental rights---Constitutional petition was not maintainable in circumstances. I.A. Sharwani and others v. Government of Pakistan and others 1991 SCMR 1041 ref. (b) North-West Frontier Province Civil Servants Act (XVIII of 1973)--- ----S 9---Constitution of Pakistan (1973) Art 199---Constitutional petition---Promotion---Civil servants accepting terms and conditions of promotion---Notifications of 1977 and 1983 challenged in 1995---Effect--­Petitioners having challenged notifications after lapse of more than 18 years and 12 years respectively without explaining such delay, their case was hit by lathes---Petitioners having accepted terms and conditions of BS-10, and having failed to agitate their grievance at least during the last more than 12 years, could not claim any relief through Constitutional petition. Messrs Valika Properties Ltd. v. Government of Pakistan and others 1988 CLC 1680 ref. (c) North-West Frontier Province Civil Servants Act (XVIII of 1973)--- ----S 9---Constitution of Pakistan (1973), Arts. 199 & 212---Constitutional…

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