IJAZ AHMAD CHAUDHRY, J. --- Through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 the petitioner has prayed that an appropriate writ may kindly be issued in favour of the petitioner and against the respondents while setting aside the impugned advertisement and the respondents may further be directed not to unurp the petitioner's promotion quota of 50%. It has also been prayed that respondent No. 1 may be directed to upgrade first the petitioner as he was Assistant Director Law'having criteria and eligibility fit for the said post, by changing his cadre and then fill up the remaining vacancies.
2. The brief facts narrated in this petition are that the petitioner is a regular employee of L.D.A. And was serving as Sub-Engineer (BS-11) in E.M.E. Directorate since 15/.1991. The petitioner claims that he was also a law graduate and passed the examination of LLB held in December, 1997 and he was also serving as legal representative in E.M.E. Directorate L.D.A., Lahore vide order dated 3.12.2008.
The petitioner filed an application on 12.52008 before the Director General, L.D.A. Requesting that he may be appointed as Assistant Director Law whose application was forwarded to the Director Administration who was pleased to direct that the applicant will be accommodated and upgraded on priority basis after changing, the service cadre, as son as the vacancies occurred. Now it has come to the knowledge of the petitioner that about five vacancies of the Assistant Director Law in L.D.A. Have been published in Daily Nawa-i-Waqat dated 19.2.2009 and written examination has been held on 29.2.2009: The petitioner again filed an application to the Director Administration for appointment of the petitioner a Assistant Director Law and in-action on the part of the Director Administration has constrained him to file this petition.
3. Learned counsel for the petitioner contends that as per L.D.A. (Appointment and Condition of Service) Regulations, 1978 for filling the post of Grade-17: Assistant Director/Administrative Officer/Estate Office, the basic qualification is M.A./M.Sc. Or B.A. Or LLB and 75% seats shall be filed by initial recruitment or deputation and 25% by promotion on the basis Of seniority-cum-fitness from amongst the Staff Officer, Who hold B.A./B.Sc. Or equivalent degree with at least five years service in Grade-16. It is further contended that since the petitioner, is serving as representative in the L.D.A. As Law Officer of E.M.E. Directorate, he is qualified to be promoted on 50% quota which is to be filled by promotion. It is also contended that the Director Administration has already recommended that the case of the petitioner Would be considered whenever the vacancies occurred in the Law Department. It is further contended that the petitioner may be accommodated out of five vacancies which has been advertised by the L.D.A. It is also contended that in the similar facts and circumstances writ petition has been filed in which my learned brother Irfan Qadir, J. Has stayed further process, for the appointment of Assistant Director (Legal), which relief may also be awarded to the petitioner.
4. I have heard the learned counsel for the petitioner and also gone through the contents of the petition as also the documents attached with the same. It is an admitted fact that the petitioner on the basis of his qualification was appointed as Sub-Engineer (BS-11) in the year 1991 and he belongs to the cadre of Sub-Engineer in E.M.E. Directorate since then. The claim 'of the petitioner is `that on 3.12.2008 the petitioner' was serving' in E.M.E. Directorate, Lahore as, legal representative' hence he qualifies to be promoted as Assistant Director (Legal) which contention, of the learned counsel for the petitioner is baseless and is repelled as the cadre of the petitioner on which he was appointed is that of Sub-Engineer and, he was serving since 15.7.1991 till 3.12.2008 and hi's basic qUalification was B.A./B.S., which is not sufficient for promotion of the said cadre. The petitioner can apply for fresh appointment as Assistant Director which cannot be made without advertisement in the newspaper for affording opportunity to all the eligible persons to apply for their appointment against the said post and the petitioner is not qualified to be promoted as per rules of the L.D.A. For appointment of Assistant Director as well. The petitioner if has obtained any order through underhand means from the Director Administration for considering his case when the vacancy occurred will not be beneficial to the petitioner for his fresh appointment in the, Law Department as Assistant Director (Legal). Prima facie the petitioner does not qualify to the promoted on 50% quota by promotion from different cadre. The order cited by the learned counsel for the petitioner is an interim order, which cannot be relied upon to issue writ in the present case and even if the department had earlier promoted its employees against the rules cannot be taken into consideration as precedent because one wrong, cannot be made basis for another wrong while 'writ is maintainable only against a vested right, but the petitioner has failed to establish that while belonging to another cadre promotion to the post in question is his vested right.
5. For the foregoing discussion this petition is mis -conceived and is dismissed in limine. .