2006 PLP 15 (YLR)

MUHAMMAD NAWAZ BHATTI, J.

Brief facts leading to this writ petition are that the petitioner after passing his matriculation examination was appointed as Wireless Operator in Border Military Police with effect from 9-9-1971. He performed his duties efficiently and diligently. Thereafter he was appointed as Dafadar in B.S.9 with effect from 11-3-1987. A post of Jamadar B.S.14 became vacant in B.M.P. (Tumman Leghari) with effect from 15-12-1997. The post of Jamadar, according to the rules, was to be filled in amongst the incumbents of the post of Dafadars in respective Tumman on seniority-cum-fitness basis. According to the seniority list of employees of all ranks working in Tumman Leghari by Commandant B.M.P., the name of the petitioner was at Serial No.1. The petitioner was recommended by D.C./Senior Commandant on 29-7-1991 for the promotion as Jamadar. Even charge of Jamadar was given to the petitioner on 4-6-2002. The petitioner is working against the post of Jamadar for the last about one year but he has not been promoted as Jamadar till date. Through this petition, the petitioner has prayed that respondent No.2 be directed to dispose of the application of the petitioner dated 19-5-2003 for promotion as Jamadar and that vacant post of Jamadar Circle Leghari (BMP) be ordered to be filled in on the basis of seniority-cum-fitness.

2. On 7-7-2003, comments of respondent No.2 were called and the same have been received.

3. Perusal of the comments submitted by respondent No.2 reveals that respondent No.2 was not competent to promote a Jamadar as the powers with regard to that vested with the Senior Commandant Border Military Police, D.G. Khan but such powers have not so far been delegated by the Home Department Government of the Punjab to any other officer at the District Headquarter and that the case of the petitioner was forwarded to the Government of Punjab, Home Department, Lahore.

4. Now the only grievance of the petitioner is that on 19-5-2003, he had filed an application for promotion as Jamadar before respondent No.1, who has not decided the same till date. It is settled principle of law that it is the duty and obligation of the public functionaries to decide the applications of the citizens without fear, favour and nepotism with reasons within reasonable time. Reliance in this behalf is placed upon Board of Intermediate and Secondary Education through Chairman and another v. Muhammad Younas (1998 SCMR 682) and Yasir Khan v. Vice-Chancellor, University of Punjab, Lahore and 3 others (2005 YLR 177).

5. In this view of the matter, respondent No.1 Secretary, Home Department, Government of the Punjab, Lahore, is directed to decide the application of the petitioner dated 19-5-2003 for promotion as Jamadar expeditiously and in accordance with law.

6. With these observations, the petition stands disposed of. H.B.T./M-1175/L??????????????????????????????????????????????????????????????????????????????? Order accordingly.