2017 PLP (C (PLC(CS)N)

MUHAMMAD YOUNIS THAHEEM, J.

Niaz Muhammad, the petitioner, seeks constitutional jurisdiction of this Court praying:-- "On acceptance of petition, respondents Nos.1 and 2 be directed to consider the petitioner for promotion to the post of Junior Clerk and promote the petitioner from the date when his juniors were promoted with all back benefits.

2. In essence grievance of petitioner is that he is serving as Ward Orderly in Lady reading Hospital, Peshawar since 1987; that for promotion of class-IV, a seniority list was prepared wherein the petitioner was reflected at S.No.4, but without observing seniority list the respondents Nos.3 to 6 were promoted to the post of Junior Clerk, while the petitioner was ignored from promotion without any lawful reason. The petitioner approached the respondents personally and through written requests for his promotion, but in vain, hence, the instant writ petition.

3. The respondents 1 and 2 submitted their comments, wherein they admitted his service since 13.06.1987.

4. Arguments heard and available record perused.

5. The main contention of learned counsel for petitioner is that, petitioner is serving as ward orderly since 1987 and according to seniority list (Annexure-E), he was eligible and fit for promotion being at S.No.4, but despite the fact persons junior to him have been promoted, which act of the respondents is illegal, against the law, discriminatory, without lawful authority, so be set at naught. 5A. The respondents have neither disputed the sonority list in their comments nor during the course of arguments, rather relied upon the seniority list placed on file as Annexure-E, wherein the petitioner has been shown at S.No.4. The respondents Nos.1 and 2 have promoted Mr. Salahuddin, Muhammad Ali and Muhammad Shafiq from the post of Ward orderly to the post of Junior Clerk vide order No.1206-12 dated 17.05.2013, who as per seniority list are at S. Nos. 1, 2 and 5 respectively. The respondents have also promoted Mr. Johar Shah and Mr. Shamsher Khan Ward Orderlies, to the posts of Store Keeper, vide order dated 29.05.2013, who are at S. Nos.6 and 7 respectively. The respondents Nos.1 and 2 have also promoted one Mst. Miraj Bibi Ward Aya to the post of Junior Clerk, vide order No.15535-39 dated 17.05.2013. It is very much astonishing to note that according to seniority list, the petitioner was at S.No.4 and despite being fit, has not been promoted, while the respondents Nos.3 to 6, junior to him in seniority had been promoted to higher scale. It is held that the Departmental Selection and Promotion Committee of Lady Reading Hospital, Peshawar has failed to adhere the seniority list and had promoted the Class-IV, employees illegally, without observing law/ policy and seniority order for promotion.

6. For the reasons discussed above, the instant Writ Petition is allowed, decisions taken by the Departmental Selection and Promotion Committee of Lady Reading Hospital, Peshawar in meetings held on 4th and 17th May of 2013, regarding promotion of Class-IV, employees and promotion orders made in consequence thereof are declared null and void and are set aside. The respondents Nos.1 and 2 and other over helms of affairs are directed to reconstitute the Selection and Promotion Committee afresh, who shall made approval for promotion strictly in accordance with the seniority list. The promotion would be deemed w.e.f. 17.05.2013 and petitioner will be entitled for back benefits also from the said date. It is further directed that the judgment of this Court be implemented within one month according to law. SL/117/P Petition allowed.