Interpretation of Article 199 Writs: Mandamus vs. Certiorari in service matters

Question

Hi colleagues, I am preparing a writ petition under Article 199 of the Constitution of Pakistan, 1973, challenging a departmental promotion committee decision. Should I frame the prayer primarily in the nature of Mandamus or Certiorari? The department has failed to follow its own service rules. Any recent Supreme Court citations on this would be highly appreciated.

advocate.farhan@gmail.com · Answer

If the promotion committee has already made a final decision and passed an order, you should pray for Certiorari to quash the order, coupled with Mandamus to direct them to reconsider your case in accordance with the rules. See SC judgment PLD 2021 SC 435.

Bilal Chohan · Answer

Agreed with Farhan. If the decision is still pending and they are delaying, Mandamus is the way. But since the committee has already concluded, you must first challenge the legality of that decision via Certiorari.

Syed Waqar Shah Bhai · Answer

Make sure you implead all members of the departmental promotion committee by name or designation, and also show that you have exhausted the departmental appeal remedy first, otherwise the writ might be dismissed as premature under Article 199(1).

Interpretation of Article 199 Writs: Mandamus vs. Certiorari in service matters

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Interpretation of Article 199 Writs: Mandamus vs. Certiorari in service matters

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