1989 PLP 23 (PLC)

Date of hearing: 6th December, 1982. ALLAH BAKHSH, J.‑‑Abdul Jabbar Khan has by this Constitutional petition sought the issuance of an appropriate writ, direction or order to respondents Nos. 1 to 3 to treat him at par with other promotees to Grade‑17, to refrain from making any discrimination and to determine his fitness to be appointed to the said grade from the date of passing his M.Sc. examination.

2. The facts forming the background of the petitioner's grievance are that he was working in the P.C.S.I.R. Laboratories, Peshawar and on 9‑5‑1972 was promoted as Research Chemist (Class II). He and nine others were promoted as Research Officer in Grade‑17 on 14‑6‑1976. The promotion of the others was to take effect from the date of passing their M.Sc. examination and with a benefit of five advance increments from 1‑7‑1975. A similar privilege was not extended to the petitioner and his representation in this context could not succeed. It was contended by the authorities concerned that he was promoted not on the basis of his academic qualifications being a third divisioner in M.Sc. but he was promoted on account of his past experience and performance.

3. The impugned order dated 14‑6‑1976, Annexure `A' shows that respondents Nos. 4 to 12 were promoted as Research Officers in the N.P.S. No. 17 (Rs.500‑50‑1000/50‑1250) with effect from the date of their passing the M.Sc. examination. The Selection Board approved the promotion of the‑ petitioner by upgradation of his present post to the post of Research Officer in N.P.S. No.17 referred to above. There is no denial of the fact that the petitioner passed his M.Sc. examination in 3rd division whereas the aforesaid respondents had passed in second division. The learned counsel for the petitioner strenuously contended that the petitioner had been treated discriminately vis‑a‑vis the other respordent promotees and that there was no rule to show that a third divisioner could not be promoted to N.P.S. No.17. His contention appears to be without force and substance. It was proposed by letter No. 512/914/73, dated 16th July, 1973, Annexure `A' attached to the written statement of the respondents, to grant junior Class I status to all the Research Chemists and equivalent Officers working in Council and the proposal was restricted to all M.Sc's in 2nd division with effect from 28‑5‑1973. The petitioner made a representation dated 11‑5‑1976 wherein he referred to the aforesaid letter and admitted that junior Class I status was given to all M.Sc. decree‑holders in 2nd division but his name had been deleted as he had passed his M.Sc, in 3rd division. He prayed that since. he had eleven years service as B.Sc. and sixteen months service as M.Sc. and satisfactory performance in the form of papers, processes, patents, ad hoc problems and liaison work he may be considered at par with a fresh IInd Class M.Sc. if not higher: His representation was taken into consideration and the Selection Board in its meeting held on 2‑6‑1976 at Karachi made the following decision:‑‑ "At this stage the case of Mr. Abdul Jabbar, Research Chemist of Peshawar Laboratories, who could not be promoted owing to his 3rd Division in M.Sc. but had sufficient experience and publications at his credit, was considered and approved for promotion as Research Officer " It is manifest from the above minutes that being a 3rd divisioner the petitioner could not be promoted and since he had sufficient experience and publications at his credit, his promotion was approved as a Research Officer, it follows that respondents Nos. 4 to 12 were promoted on the basis of merit inasmuch as they were 2nd divisioners in M.Sc. but the same qualification was not possessed of by the petitioner and, as such, he was promoted on different grounds altogether, namely, his experience and publications. It cannot, by any stretch of imagination, be said that he had been treated discriminately in the matter of promotion vis‑a- vis the respondent‑promotees.

4. The learned counsel for the petitioner urged that there were precedents to show that a 3rd divisioner had been promoted as Research Officer and he in this context referred to a certificate Annaxure `C' pertaining to Mr. Taj Ali Wazir. A look at the said certificate shows that no mention has been made therein with regard to Mr. Taj Ali Wazir being a 3rd divisioner and, as such, it lends no support to the contention of the learned counsel for the petitioner at all. Moreover, promotion is not a vested right of a public servant and the question of determining the fitness or otherwise of the petitioner to be promoted to Grade‑17 from a particular date cannot be determined in this petition.

5. In the result, we find no merit in the petition which is, therefore, dismissed with costs. M.BA./266/P Petition dismissed.