1. ' Dr. Muhammad Saeed, Professor of Obstetrics and Gynaecology, Shaikh Zayed Hospital and Postgraduate Medical Institute, Lahore had filed petition under Article 199 of the Constitution Of the Islamic Republic of Pakistan, 1973 seeking promotion to BS-21 "from the date when juniors to the appellant were promoted", and for a direction to the Government of Pakistan "to appoint him as Chairman of Shaikh Zayed Hospital, Lahore being the senior most doctor". The notifications dated 14-11-2005 whereby Dr. Anwaar A. Khan and Dr. Zafar Iqbal were granted scale 21 were also sought to be suspended. In the petition, the Government of Pakistan, Dr. Zafar Iqbal and Dr. Anwaar A. Khan were impleaded as respondents. The petition was contested inter alia on the ground that the same was barred by virtue of Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973 and that grant of BS-21 could not be claimed as a matter of right nor appointment as Chairman, Shaikh Zayed Hospital, Lahore. The learned Single Judge while disposing of the said petition observed as follows: "5. It goes without saying and is so directed that the respondents shall act expeditiously in the matter of completing the service record of the petitioner and, subject to his eligibility, presenting the same before the competent authority for considering the petitioner's merit and fitness for promotion. The needful for the completion of the said record shall be accomplished by the respondents within four weeks after the receipt of a certified copy of this order. Disposed of."
2. ' Dr. Anwaar A. Khan who was one of the respondents in the writ petition has assailed the said order through this Intra Court appeal.
2. We have given extensive hearing to the learned counsel for the parties as also the learned Deputy Attorney General for Pakistan.
3. The learned Deputy Attorney General for Pakistan has produced before us Office Memorandum dated 7-4-1987 and Office Memorandum dated 29-12-2001 to show that grant of BS-21 to technical and professional officers hinges upon meritorious services and is not a normal promotion nor seniority alone is the criteria for the same.
3. ' As is manifest from the above reproduced passage from the order of the learned Single Judge, it contains two directions "(i) that the respondent shall act expeditiously in the matter of completing the service record of the petitioner and (ii) subject to his eligibility, presenting the same before the competent authority for considering the petitioner's merit and fitness for promotion." None has any cavil, so far as the first part of the direction is concerned that the service record need and should be completed expeditiously. However, the further direction that the case of respondent No,1 should be placed before the competent authority for consideration of his "promotion" was not called for.
4. The policy and the legal position as to grant of BS-21 is quite plain inasmuch as that it is not a normal and formal promotion nor seniority itself is the basis for the same. The criteria for the grant of such a scale as per Memorandum dated 29-12-2001 is:--- "Subject: GRANT OF BS-21 and 22 to TECHNICAL AND PROFESSIONAL OFFICERS ON ACCOUNT OF MERITORIOUS SERVICES.
5. ' The undersigned is directed to refer to the correspondence resting with Establishment Division's D.O. No,8/2/97-CP-5 dated 9th April, 2001 on the subject mentioned above and to state that the competent authority has been pleased to approve the following revised criteria for scrutiny of cases by the Selection Committee for grant of BS-21 and BS-22 to the Technical and Professional Officers:---
(i) 80% of the ACRs in BS-20 and above should be very good.
(ii) Minimum of 3 years' native services in BS-20 for BS-21 and 5 years' active service in BS-20 & above including 3 years in BS-21 for BS-22 excluding the period of long leave (4 months or more) and deputation.
(iii) No adverse or an average report in BS-19 and above.
6. (iv)The officer should have made some significant contribution in his field of specialization."
7. ' It is not a right which can be claimed on the basis of seniority or length of service alone. Even notification dated 14-11-2005 whereby the appellant and Dr. Zafar Iqbal were granted BS-21 goes to show that it is a grant of scale 21 and not the usual "promotion". The second direction issued by the learned Single Judge, thus, needs modification.
8. ' So far, the claim of the petitioner for appointment as Chairman of Shaikh Zayed Hospital, is concerned, suffice it to observe that paragraph 8 of Resolution dated 29-5-1986 adopted by the Government of Pakistan, Ministry of Health Special Education and Social Welfare (Health Division) itself indicates that the making of appointment to such office falls within the domain of the Federal Government which being possessed of the relevant record as the competent authority is to take the decision. None can lay claim to such an office as of right.
9. ' The appeal is accordingly disposed of with this modification that whereas the service record of respondent No,1 needs to be completed expeditiously, the grant of BS.21 is a matter for the competent authority I to consider in the light of the prevailing policy.