FARMAN ULLAH vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar S — 2022 PLC(CS) 635 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PLC(CS) 635 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PLC
Parties: FARMAN ULLAH vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar S
Subject matter: Service
Provisions referred to: S. 9; S. 22; S. 4; Service Tribunals Act (LXX of 1973); Civil Servants Act; Service Tribunals Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

FARMAN ULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar S.9(1)---Service Tribunals Act (LXX of 1973), Ss. 4 & 22---Constitution of Pakistan, Arts. 199 & 212---Promotion, right of---Criteria---Constitutional petition---Maintainability---Held, that 'eligibility for promotion' and 'determination of fitness' were two different criteria---Eligibility primarily related to the terms and conditions of service and their applicability to the civil servants, whereas question of fitness was a subjective evaluation on the basis of objective criteria---Section 9(1) of the Civil Servants Act, 1973, stipulated that civil servant had a right to be considered for promotion if eligible on account of possessing the prescribed minimum qualification etc.---Civil servant had no vested right to be promoted---Section 4 of the Service Tribunals Act, 1973, contemplated that civil servant who was aggrieved with respect of the terms and conditions of the service had right to file appeal before appropriate tribunal established for such purposes within prescribed period---Law did not provide any remedy of appeal or representation in view of S.22 of the Civil Servants Act, 1973, for determination of fitness of a civil servant to be promoted to a higher post---Petitioners had, therefore, no right to appeal or representation against the impugned recommendation of authorities for the promotion---In view of the specific bar contained in Cl. (b) of proviso to S.4(1) of Service Tribunals Act, 1973 , the petitioners lacking adequate efficacious remedy, therefore, had a right to seek the constitutional remedy---Constitutional petition was, thus not violative to the mandate of Arts. 199 & 212 of the Constitution and was maintainable. Head Notes

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