AFZAL KHAN vs The GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar Part-VII, Chaps

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AFZAL KHAN VS The GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar Part-VII, Chaps.1, 2, 3, 3-A & 4 [Arts.175-212-B]---Jurisdiction of Superior Courts---Scope---Jurisdictions vested with apex and Superior Courts are general, wider in scope and extent, while constraints/prohibitions are narrower in their applications and dimensions---Jurisdiction of Superior Courts is to be stretched to take into its folds all disputes to be resolved while limitation of jurisdictions and powers are to be squeezed and kept to the minimum extent and length. Citation Name: 2025 PLC(CS) 833 PESHAWAR-HIGH-COURTBookmark this Case AFZAL KHAN VS The GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar Notional/pro forma promotion---Legitimate expectancy---Delaying of promotion owing to uncertain reasons in the process of Provincial Selection Board (PSB)---Promotion of juniors after the retirement of eligible candidate---Employee cannot claim promotion to a higher post as a matter of right but when once the process is initiated by the department itself, then such employee has every right to be treated in accordance with law---Petitioner's case for promotion was processed before his retirement and was considered by the PSB, however, the said process was delayed due to pendency of some decision to be taken by the Provincial Government qua increase of retirement age limit from 60 to 63 years and in the meanwhile, he had retired from service and when on the basis of the aforesaid process, his juniors had also been granted promotion, then the petitioner had a legitimate right to be considered for notional promotion as no fault could be attributed to the petitioner, rather the fault qua delay in conclusion of the promotion process laid with the respondent---Constitutional petition was allowed, in circumstances, and a direction was issued to the respondents to place the case of the petitioner for notional promotion before the ensuing PSB meeting for consideration in accordance with law.

AFZAL KHAN vs The GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar Part-VII, Chaps — 2025 PLC(CS) 833 PESHAWAR-HIGH-COURT

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