Through the instant petition a prayer is made that orders dated 16.1.2007 and 22.3.2007, passed by Respondent No, 3 be declared as illegal, and promotion of Respondents No, 4 and 5 to the post of Senior Commercial Superintendent be declared unlawful and ultra wires of law with a further prayer to consider the petitioner fit for promotion to the post of Senior Commercial Superintendent BS-16 in Pakistan Railways with effect from his juniors were promoted.
2. The learned counsel for the petitioner contended that the bench mark and criteria for promotion is seniority-corn-fitness, this principle was flagrantly violated by Respondent No, 3 and, therefore, the impugned orders are illegal and violative of the law as interpreted in Fazali Rehmani Vs. Chief Minister NWFP, Peshawar and others (P.L.J. 2009 S.C. 10).
3. Conversely, the learned counsel for the respondents stated that the petitioner was involved in a case of record tempering and an inquiry was conducted against him, it is stated that the same is still pending (which is denied by the other side). He thereafter stated that the matter squarely falls within the ambit, domain and realm of terms and condition of service, therefore, the bar under Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973 is absolute.
4. I have heard the learned counsel for the parties and perused the impugned orders, it stands out 'clearly that the petitioner has challenged the promotion of Respondents No, 4 and 5 and at the same time prayed for his promotion. The matter, therefore, squarely falls within the ambit, domain and realm of terms and conditions of service, the attempt of the petitioner to distinguish seniority and fitness to plead that the same falls out side the purview of Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973, has no basis and, therefore, is misconceived. As stated above, the matter falls within the ambit, domain and realm of terms and conditions of service, therefore, bar of Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973, is absolute.
Consequently, this petition is not maintainable, hence dismissed.