MUNIR AHMED CHISHTI vs FEDERATION OF PAKISTAN through Secretary Establishment Division, Government of Pakistan

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MUNIR AHMED CHISHTI VS FEDERATION OF PAKISTAN through Secretary Establishment Division, Government of Pakistan, Islamabad S.9---Service Tribunals Act (LXX of 1973), Ss.2(a), 4, 4A, 4(1)(b) & 5---Civil Servants (Promotion to the Post of Secretary BS-22 and Equivalent) Rules, 2010, Rr.3(1) & (2)---Constitution of Pakistan, Arts.199 & 212(1)(a) & 212(2)---Constitutional petition, filling of---Maintainability---Claim of proforma promotion by civil servant---Jurisdiction of Service Tribunal---Brief facts were that the petitioner, a retired BS-21 police officer who served as Inspector General of Pakistan Railways Police, approached the High Court under its Constitutional jurisdiction seeking proforma promotion to BS-22---Despite becoming eligible for promotion his case was never considered due to the non-convening of the High Powered Selection Board (the "HPSB")---He reached the age of superannuation without being considered, while officers junior to him were subsequently promoted---His representations for proforma promotion post-retirement were either ignored or rejected---He then filed the present Constitutional petition alleging unfair treatment---Held: The petitioner submitted a representation seeking consideration for promotion to BS-22, which was declined---Although it was not clear that the matter was placed before the HPSB or that the Prime Minister made any determination on the petitioner's fitness or eligibility, it nonetheless formally conveyed a final decision by the department refusing further processing of the petitioner's case---Therefore, it constituted an appealable order for the purposes of S. 4 of the Service Tribunals Act, 1973---The appropriate course for the petitioner was to file an appeal before the Service Tribunal---The power to grant proforma promotion lay exclusively with the appointing authority, who must be affirmatively satisfied that the civil servant was, through no fault of their own, wrongfully prevented from serving in the higher post---High Court lacked jurisdiction not only because no such determination had been made but also for the reason that it could not assume the functions of the appointing authority---Constitutional petition being barred under Art. 212(2) of the Constitution was dismissed, in circumstances.

MUNIR AHMED CHISHTI vs FEDERATION OF PAKISTAN through Secretary Establishment Division, Government of Pakistan, Islamabad S — 2025 PLC(CS) 966 LAHORE-HIGH-COURT-LAHORE

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