Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Law Reforms Ordinance (XII of 1972), S.3---Civil service---Promotion---Criteria for promotion to BS-21---Scope---Petitioner/Professor of Obstetrics and Gynaecology filed constitutional petition, seeking therein promotion to BS-21 from date when his juniors were promoted and for a direction of to the Government of Pakistan for his appointment as Chairman of the Hospital, being the senior most doctor---Respondents-Doctors/appellants who were granted scales 21 contended that neither grant of BS-21 nor appointment as Chairman of the Hospital could be claimed as a matter of right---Single Judge of High Court disposed of petition with observation that respondent-Government/appellant was to present petitioner's case before competent -Authority for considering petitioner's merit and fitness for promotion subject to his eligibility---Validity---Direction given by Single Judge that case of petitioner was to be placed before competent Authority for consideration of his promotion was uncalled for---As per Memorandum dated 29-12-2001 issued by Establishment Division, policy and legal position as to grant of BS-21 was quite plain inasmuch as that it was not a normal and formal promotion nor seniority itself was basis for the same---Promotion to BS-21 & 22 was not to be claimed as a right on basis of seniority or length of service alone---Grant of BS-21 was a matter for competent Authority to be considered in the light of prevailing policy---Appointment to office of Chairman of the Hospital, as claimed by petitioner in constitutional petition, fell within domain of Federal Government which being possessed of relevant record as competent Authority, was to take decision---No one could lay claim to such an office as of right---Petition was decided accordingly. Hamid Khan and Imran Aziz Khan for Appellant. Dr. Danishwar Malik, Deputy Attorney General for Pakistan. Mian Bilal Bashir for Respondent No.1. ORDER Dr. Muhammad Saeed, Professor of Obstetrics and Gynaecology, Shaikh Zayed Hospital and Postgraduate Medical Institute, Lahore had filed petition under Article 199 of the Constitution of the Islamic Republic of Pakistan,…

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