2011 PLP (C (PLC(CS))

SH. AHMAD FAROOQ, J.

Through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has prayed for setting aside the order of the Additional Inspector-General of Police, Punjab, Lahore dated 7-10-2010, whereby the case of the present petitioner for promotion from S.-I. to Inspector has been directed to be placed for consideration before the upcoming Departmental Promotion Committee, purportedly in compliance with the orders of this Court dated 24-8-2010, passed in Writ Petition No.18323 of 2010.

2. The grievance raised in the instant petition is that a number of police officers, who are junior to the petitioners have been promoted to the rank of Inspector but his case, despite being at par with them, has not been considered for promotion. The petitioner earlier filed Writ Petition No.18323 of 2010, which was disposed of with a direction to the respondents to decide the representation of the petitioner through a speaking order. Claims that the respondents instead of admitting the petitioner in List "F" w.e.f. 21-11-2002 and granting promotion as officiating Inspector w.e.f. 7-1-2003, as had been done in the cases of persons juniors to the petitioner, his case has been ordered to b: considered in the next meeting of the Departmental Promotion Committee, in violation of Article 25 of the Constitution of Islamic Republic of Pakistan, 1973.

3. I have heard the learned counsel for the parties and have also perused the report and parawise comments furnished by the respondents.

4. As per the report and parawise comments submitted by the respondents, the batchmates of the petitioner had qualified the Upper Class Course much earlier to the petitioner and similarly, they were confirmed to the rank of S.-I. and promoted to the post of Inspector in due course. On the other hand, the petitioner qualified the said course in February, 2010. He was confirmed as S.-I. w.e.f. 30-9-1997. It is stated in the' report and parawise comments that at present no vacancy in the rank of Inspector is vacant and even 29 confirmed Sub-Inspectors, who are senior to the present petitioner, are waiting promotion. However, it is submitted that the case of the petitioner will be considered for promotion as and when the vacancy in the rank of Inspector becomes available. Admittedly, qualifying Upper Class Course is the pre-condition for making a candidate eligible for admission in the list "F" for promotion to the rank of Inspector. The petitioner could not qualify the said course in the first attempt and was able to qualify the same in February,. 2010, much after their batehmates. The petitioner could not be considered at par with those, who had qualified the said course and c confirmed as S.-I. much before the petitioner. It is the prerogative of DPC to adjudge the fitness or otherwise of the petitioner for promotion and the petitioner has to undergo this process. This Court in the exercise of its constitutional jurisdiction cannot allow promotion to the petitioner while dispensing with such process, which would amount to putting a clog on the lawful authority of the respondents. Even otherwise the matter in dispute relates to the terms and conditions of a civil servant and jurisdiction of this court in such-like matters is completely ousted by the bar contained in Article 212 of the Constitution of Islamic Republic of Pakistan, 1973. Adjudication of such-like matters comes within the exclusive competence of the Punjab Service Tribunal. The instant petition is thus, not maintainable before this Court, which is accordingly dismissed. H.B.T./M-193/L Petition dismissed.