Law:

Section:

Police Rules, 1934--Rr. 13.9 & 13.1---Pro forma promotion---Promotion of Head Constable to the rank of Assistant Sub-Inspector---Conditions---Head Constable cannot legitimately claim pro forma promotion to the rank of A.S.-I. as he is to be promoted against substantive vacancy on regular or on officiating basis thereafter, if it is established that any other A.S.-I., who was junior to him in seniority, has been promoted earlier to his promotion then he can agitate his claim for pro forma promotion from the date when a Junior Official in seniority to him was promoted, otherwise legally he has no claim for pro forma oromotion as A.S.-I. under law. List "D" is prepared for promotion of Head Constables to the rank of Assistant Sub-Inspectors in each District after passing by them the lower school course and the intermediate school course at the Police Training School and the name of a Head Constable will not automatically appear on "D" list unless his name is approved by D.I.-G. as eligible for officiating or substantive promotion to the rank of Assistant Sub-Inspector. There is yet another condition which is required to be fulfilled by a Head Constable i.e. that he is thoroughly efficient in all branches of the duties of a constable and Head Constable and is of established integrity. A Head Constable, in pursuance of Rule 13.9 read with Rule 13.1 of the Police Rules, cannot legitimately claim pro forma promotion to the rank of A.S.-I. because first of all he is to be promoted as A.S.I. against substantive vacancy on regular or on officiating basis thereafter if it is established that any other A.S.-I. who was junior to him in seniority has been promoted earlier to his promotion then he can agitate his claim for pro forma promotion from the date when a junior official in seniority to him was promoted, otherwise legally he has no claim for pro forma promotion as A.S. I. under the law. Petitioner in person. Muhammad Ashraf Khan Tanoli, Advocate-General, Balochistan and Noor Hussain, PDSP for Respondents. Date of hearing: 26th May, 2000. ORDER IFTIKHAR MUHAMMAD CHAUDHARY, J.---Petitioner Muhammad Shafique son of Karam Ellahi, in instant petition has assailed the…

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