Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 212--North West Border Military Police Act, 1904, S. 6--Constitutional petition--Bar of--Maintainability of--Civil servant having requisite qualifications was recruited and was promoted as Acting Charge Jammadar--Name of the petitioner was recommended for promotion on regular basis by competent authority to Govt. of Punjab--No action was taken--Challenge to--Relaxation of provision of Recruitment Policy--Validity being civil servant had not prayed for his promotion or any other relief which comes under the terms and conditions of service, so no question of bar of Art. 212 of Constitution arises--That was a writ for quo warranto, which can only be filed by an interested person being member of Tumman Qasrani and working as Jammadar on a vacant seat and expecting his regular promotion for said seat, had challenged appeal of respondent, so the petition was maintainable. North West Border Military Police Act, 1904-- ----S. 6--Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Appointment of subordinate officers--Relaxation of recruitment policy--Name of the civil servant was recommended for promotion on regular basis by competent authority to Govt. of Pb.--No action was taken--Challenge to--Validity of--Senior commandant was competent authority in case of appointment of subordinate officer--Respondent had transgressed from his authority and passed the order without jurisdiction, in relaxation of recruitment policy which was politically motivated depriving the petitioner from his fundamental rights--Writ petition was allowed. THIS ORDER PASSED BY: SYED ZULFIQAR ALI BOKHARI, JUSTICE---.--- Brief facts stated by learned counsel for the petitioner are that the petitioner having requisite qualifications was recruited on 15.01.2008 as Dafadar being the member of Tumman Qasrani in Border Military Police D.G. Khan. Latter on he was promoted as Acting Charge Jammadar against a post falling within the quota of Tumman Qasrani since March, 2005. learned counsel for the petitioner states that Border Military Police is a creation of the North-West Border Military Police Act, 1904. The competence of the various authorities…

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