Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Maintainability---Alternate remedy, non-availing of---Civil service---Dispute was with regard to the promotion of the petitioners, as the same was denied by the Authorities---Contention of the Authorities was that the petitioners had more than one alternative remedies either to approach the Registrar or Government under the provisions of Cooperative Societies Act, 1925---Validity---Where the petitioners had alternative remedy available, they were at liberty to avail such remedy---Constitutional petition was not maintainable in circumstances. Raghunath Prasad Singh's case 1989 MLD 2153; Muhammad Ali Qureshi's case 1994 PLC (C.S.) 449; PLD 1959 SC 212; Zainul Abidin's case PLD 1966 SC 445; PLD 1966 SC 864; Faiz Ahmad's case PLD 1962 SC 315 and Muhammad Zubair Akram's case PLD 2000 Lah. 489 ref. Shehzad Shaukat for Petitioner. Muhammad Ilyas Khan for Respondents. ORDER I intend to decide Writ Petition No.5924 of 2000 and Writ Petition No.6262 of 1998 by one consolidated order having similar facts and law: Writ Petition No.6262 of 1998 The petitioners have challenged the vires of the impugned recruitment and promotion policy on the ground that the same is hit by Article 25 of the Constitution qua the petitioners by the respondents whereas in Writ Petition No.5924 of 2000 The petitioners have challenged the vires of the order of respondents dated 15-3-2000. 2. Learned counsel for the petitioners submits that policy framed by the respondents is against equity and fair play. He further submits that policy did not provide any chance of promotion to the petitioners. He further submits that policy framed by the respondents is in violation of the law laid down by the superior Courts. In support of his contention he relied upon the following judgments:-- 1989 MLD 2153 (Raghunath Prasad Singh's case), and 1994 PLC (C.S.) 449 (Muhammad Ali Qureshi's case). He, further submits that the impugned order, dated 15-3-2000 was passed by the respondents, General Manager without applying his mind. He further submits that respondents had given effect to the policy with-retrospective…

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