Law:

Section:

Civil Servants Act (LXXI of 1973)---------Ss. 8 & 9---Constitution of Pakistan (1973). Art. 199---Constitutional petition---Seniority and promotion---Petitioner, who was an officer of BS-19, filed constitutional petition against his supersession in year 2001 and then in 2003 on the ground that he had requisite overall quantified score of 70, but was arbitrarily superseded on irrelevant consideration---Reasons for superseding petitioner given in meeting of Central Selection Board held in 2003, were irrelevant because full facts regarding Performance Evaluation Reports of petitioner for 2000 and 2001 were not reported to Central Selection Board---Hurdle in the way of petitioner was that ACR for the year 2000 was yet to be completed while his report for the year 2001 was yet to be countersigned and respondent-Authority was in default in not getting petitioner's Performance Evaluation Report for the year 2001 completed---Even when petitioner's representation was being placed before competent Authority, nobody made an effort to get said report completed by getting it countersigned by competent Authority---Unless Performance Evaluation Reports of petitioner for the years 2000 and 2001 were completed, his overall. quantified score could not be correctly worked out in accordance with Promotion Policy---Petitioner, in circumstances, was made to suffer for the default of Authorities concerned---High Court, declined to interfere in the matter---Authority however was directed to get Performance Evaluation Reports of petitioner for years 2000 and 2001 completed, within specified period and thereafter to place case of petitioner before Central Selection Board. Omer Alvi, for Petitioner. Muhammad Masood Chishti,/Standing Counsel with Hafiz Khalid Mahmood, Joint Secretary and Mr. Muhammad Akram Javed Suppt. Establishment Division, Islamabad for Respondent No. 1. Irfan Masood Sheikh, with Mr. Shahid Aslam Mahar, Deputy Director Admn.-I for Respondent No.2. Date of hearing: 18th June, 2004. JUDGMENT SYED JAMSHED ALI, J.---The petitioner is an Officer in BS-19 in the Transportation (Traffic) and Commercial Department of the Pakistan Railways. His grievance in the petition is…

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