FARMAN ULLAH vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar S

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FARMAN ULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar S.9(1)---Service Tribunals Act (LXX of 1973), Ss.4 & 22---Recruitment policy for the post of Junior Clerk---Promotion against non-selection post---Fitness criteria---"Seniority-cum-merit" or "seniority-cum-fitness"---Scope---Petitioners (Class-IV employees) having higher education as well as seniority than the respondent, were dropped and latter were promoted on the basis of fitness---Contention of the petitioners was that the fitness criteria , as determined by the authorities with regard to the promotion (for the post of junior clerk), was highly unjust/discriminatory and against the policy in vogue of the Provincial Government---Validity---Recruitment policy of the provincial government provided that in every department the post of Junior Clerk was to be filled through 67% direct recruitment on the basis of open merit, whereas, for the purpose of promotion, Class-IV employees (Naib Qasid, Chowkidar etc.) had 33% share on the basis of seniority-cum-fitness---For the purpose of such promotion ( to the post of Junior clerk), Naib Qasid, Chowkidar etc. must possess Matriculation qualification---Four posts of Junior Clerk, in the present case, were lying vacant for which through advertisement applications were invited from Class-IV for promotion against 33% quota to the post of Junior Clerk---Prevalent Rules and Policy method of recruitment i.e. qualification and other conditions revealed that minimum qualification for appointment or promotion to the post of Junior Clerk, a speed of 30 words per minute in typing was essential and sine qua non---Petitioners had failed in the typing test which was necessary requirement for the promotion as Junior Clerk---Petitioners were not eligible according to the Rules and Policy as they had failed in typing test---Plea of malice or discrimination raised by the petitioners qua their deferment was not substantiated---Department had rightly denied the petitioners the promotion---Fitness criteria, thus, as determined by the authorities was just and in accordance with Policy in vogue by the Provincial Government---Depriving the petitioners from award of promotion to the post of junior clerk on the basis of fitness was on compact ground---No legal infirmity, material irregularity or jurisdictional error was found in the impugned recommendations made by the Departmental Promotion Committee, which did not call for any interference by the High Court in exercise of constitutional jurisdiction---Constitutional petition was dismissed, in circumstances. Head Notes

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

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