Seniority-cum-fitness

Petitioner was eligible for promotion as Assistant on the basis of seniority-cum-fitness for the post reserved for selection from within office

Authorities took plea that Secretary Education of the Provincial Government had directed the Board to shift the mode of recruitment from regular to contract and to make all appointments against the post reserved for selection from within the office and direct recruitment on merit and to make strictly in accordance with provisions of Contract Appointment Policy, 2004

Validity

Petitioner, a legitimate expectant for the post, had applied in the year 2006, his ability was not disputed, any condition contained in the directions issued by the Secretary Education of Government of Punjab could not be applied in the petitioner's case in any respect, at the most direct recruitment by the Board could be made on contract following the Contract Policy of the Government of Punjab but the posts reserved for in-service quota could not be amenable to the letter issued by the Government of Punjab

Application of the petitioner and his colleagues of the year 2006 against the posts of Assistants should be deemed to be pending, which should be considered and finalized independent of letter issued by the Government Punjab, Education Department

Constitutional petition was allowed by High Court.

Term "seniority-cum-fitness" connoted, that a senior person would be eligible for promotion if he was otherwise fit to hold that post.