Law:

Section:

  (a) Civil Service---   ----Promotion---Promotion is not such a guaranteed right as any one can claim or seek enforcement through a Court---Rationale behind seems to be the satisfaction of the ultimate competent authority in the hierarchy to which the civil servant may belong as the best to determine the suitability of a particular person for the post vests with the competent departmental authority---Interference with an assessment made by the departmental authority is rarely interfered with by the Courts.    Syed Noorul Hasan v. The Secretary, Ministry of Industries, Government of Pakistan, Islamabad and others 1987 SCMR 598; Zafar Ullah Baloch v. Government of Balochistan and others 2002 SCMR 1056; Mian Abdul Malik v. Dr. Sabir Zameer Siddiqui and 4 others 1991 SCMR 1129; Muhammad Anis and others v. Abdul Haseeb and others PLD 1994 SC 539 and Government of Pakistan through Establishment Division, Islamabad and 7 others v. Hameed Akhtar Niazi, Academy of Administrative, Walton Training, Lahore and others PLD 2003 SC 110 ref.   (b) Civil Service---   ----Promotion---Public functionaries are supposed to be acting in good faith while performing their public functions and discharging their duties, unless proved to the contrary.    ORDER SAYED ZAHID HUSSAIN, J.---Saleem Ullah Khan an Officer of Police Service of Pakistan has filed Criminal Original Petition No.47 of 2008 in C.A. No.1421 of 2006 which was decided by this Court on 15-8-2006 and Criminal Original Petition No.12 of 2009 in C.P.No.1842 of 2008 disposed of by this Court on 25-2-2009. In view of their inter se nexus, both the petitions are proposed to be disposed of through this order. 2. The petitioner claims to be a Senior Officer in the Police Service of Pakistan who has the grievance that he has unduly been deprived of his due promotions which prompted him to have resort to litigation qua his supersession on occasions. The long drawn litigation and orders passed by the Courts from time to time since are in the knowledge of the parties, reference thereto at the present is being avoided. In the context of the present controversy reference to judgment of this…

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