Provincial police officer encadred into Police Service of Pakistan---Promotion and seniority

Citation Name : 2019 PLC(CS) 1157 KARACHI-HIGH-COURT-SINDH
Side Appellant : ATTAULLAH KHAN CHANDIO
Side Opponent : FEDERATION OF PAKISTAN through Secretary Establishment Division, Islamabad
R. 11 (2)---Provincial police officer encadred into Police Service of Pakistan---Promotion and seniority ---Determination of---Procedure---Appointment on acting charge basis---Employee seeking promotion on regular basis in Police Service of Pakistan---Scope---Petitioner being provincial police officer was encadred into Police Service of Pakistan and was promoted thereafter---Promotion of petitioner was withdrawn in accordance with the judgment of the Supreme Court---Contention of petitioner was that he was entitled for promotion on regular basis as allowed to the officer junior to him---Validity---seniority of petitioner would be reckoned from the date he was encadred---Promotion on acting charge basis was a stopgap arrangement where selection was made pending regular promotion of an officer not available at the relevant time of selection---Acting charge promotion did not create vested right for promotion on regular basis against the post held---Length of service in provincial police cadre did not carry any weight for the purpose of seniority and promotion in Police Service of Pakistan cadre---Eligibility and fitness was the criteria for promotion---Promotion would depend upon eligibility, fitness, seniority and availability of vacancy in that cadre---Petitioner was in Police Service of Pakistan cadre and his service was governed by Police Service of Pakistan (Composition, Cadre and seniority ) Rules, 1985; he was appointed on acting charge basis in Police Service of Pakistan which was temporary appointment in nature---Petitioner could not claim to be promoted on regular basis in Police Service of Pakistan---Acting charge could neither be construed to be an appointment by promotion on regular basis for any purpose including seniority nor did it confer any right for regular promotion from the date of such an appointment---seniority of petitioner in Police Service of Pakistan was to be reckoned from the date of encadrement and was not eligible for regular promotion in Police Service of Pakistan cadre---Constitutional petition was dismissed, in circumstances.

Citation Name : 2019 PLC(CS) 1050 KARACHI-HIGH-COURT-SINDH
Side Appellant : AHSAN ALI SHAH
Side Opponent : PROVINCE OF SINDH
R. 3(2)---Sindh Public Service Commission Act (XI of 1989), S.7(ii)(a)---Pakistan Engineering Council Act (V of 1976), S. 2(j)---Assistant Engineers holding Bachelor Degree i.e. B.E. (Civil), Diploma Holder Assistant Engineers/Assistant Design Officer and Assistant Engineers having B. Tech. (Hons) Degree in Civil Engineering---Promotion against the posts of Executive Engineer, Design Officer and Research Officer---Procedure---Promotion Policy---Amendment in the Recruitment Rules---Effect---Government laid down method, qualification, experience and other conditions for appointment to the post of Executive Engineer, Design Officer and Research Officer (BPS-18) in Public Health Engineering Department according to which 80% vacancies had been reserved by promotion from amongst Assistant Engineer (BPS-17) holding degree of B. E. in Civil with at least five years' service in BPS-17 in their respective Technology on seniority -cum-fitness basis, 13% by promotion amongst Diploma Holder Assistant Engineer/Assistant Design Officer (BPS-17) in their respective Technology on seniority -cum-fitness and 7% by promotion from amongst Assistant Engineer (BPS-17) having B. Tech (Hons) Degree in civil with at least five years' service in BPS-17 in their respective Technology on seniority -cum-fitness basis---Contention of petitioners-employees was that Diploma or B. Technology in Engineering could not be equated with Bachelor Degree in Engineering---Validity---Present matter was with regard to Promotion Policy---Recruitment Rules had been amended to confer right of promotion to Diploma and B-Tech Degree holders in BS-18---No right of petitioners-employees had been infringed which could be enforced by constitutional jurisdiction of High Court---Government had right to make rules to raise the efficiency of services---If no vested right was denied to a party then High Court had no jurisdiction to interfere by means of constitutional petition---Public Service Commission had advised the Government on the matters with regard to qualification and recruitment to the posts connected with the affairs of the Province---Impugned Recruitment Rules had been framed in consultation with the Services General Administration and Coordination Department and Public Service Commission---High Court, in circumstances, could not sit in judgment over the wisdom and effectiveness or otherwise of the policy laid down by the regulations making body merely because impugned Recruitment Rules would not serve the object of Pakistan Engineering Council Act, 1976---Government had power to change promotion policy and prescribe the qualification for a particular post through amendment in the relevant rules---Responsibility of deciding suitability of appointment, posting or transfer fell primarily on the Executive branch of the State which was a policy matter---Provincial Government had assured quota to Diploma and B. Tech (Hons) Degree Holders for promotion which did not amount to recognizing the Diploma and B. Tech (Hons) as having a degree equivalent to the Bachelor of Engineering---Impugned promotion quota did not violate any Fundamental Right of the petitioners---Petitioners-employees had no cause of action to file constitutional petition against Rules framed by the competent authority---Court was to refrain from interfering in the domain of the Executive---Fair and meritorious appointment to public office was requirement of law---Impugned notification had been issued in accordance with law---Civil servant would not be prejudiced if government framed policy of promotion in service matters---Determination of eligibility through rules would fall within the domain and policy decision of Government---No illegality, infirmity or irregularity had been committed while issuing the notification---Constitutional petition was dismissed in circumstances.