' ALI BAQAR NAJAFI, J. --- Through this Constitutional petition, petitioners seek multiple prayers of withdrawal of respondents No, 4 and 5 from deputation and also promotion of the petitioners as Assistant Director (F&R) BS-17 with immediate effect, though does not press first part of the prayer.
2. Brief facts giving rise to the filing of this petition are that petitioners joined WASA/LDA in the year 1976/1977 respectively and have 34 years unblemished career at their credit. They were promoted as Senior Accountant (F&R) BS-16 on 10.01.2002 and 06.11.2003, respectively, where they served, for more than 5 years and according to (Appointment and Conditions of Service) Regulations, 1978 relating to WASA and LDA employees, they have served as Senior Accountant for the requisite number of years, therefore, were entitled for the promotion of Assistant Director (F&R) BS-17. Since as per the budget estimate for the year 2009/10 there were 18 vacant posts of Assistant Directors (F&R) BS-17 out of which 6 posts are lying vacant but the petitioners being suitable candidates are not being considered. According to the petitioners, although they cannot claim promotion as of right yet if the incumbent fulfills requirement for promotion, i,e, length of service, seniority-cum- fitness and availability of post the they cannot be deprived of their right of promotion.
3. In the report and parawise comments submitted by respondents No, 1 to 3, they although admitted that petitioners have served as Senior Accountant BS-16 for more than 5 years yet under the criteria laid down in schedule to the LDA (Appointment and Conditions of Service) Regulations, 1978, promotion on the basis of seniority-cum-fitness is made from amongst the Senior Accountant who hold B.Com. Degree or passed S.A.S. Examination with at least 5 years experience as Senior Accountant, which requirement has not been fulfilled by the petitioners. It is further stated that in the year 1986 a summary was moved to the competent authority for relaxation of qualification in the regulation for promotion to higher scale to those incumbents who were appointed prior to the promulgation of LDA (Appointment and Conditions of Service) Regulations, ibid, but the competent authority approved that before the enforcement of LDA (Appointment and Conditions of Service) Regulations, 1978, some Senior Accountant have been working in the agency who do not fulfill qualification for promotion i,e, B.Com. Degree or S.A.S. And relaxation was made only to their extent. It was denied by the respondents that petitioners are entitled to such type of relaxation as the petitioner No, 1 was also promoted, as Senior Accountant on 10.01.2001, whereas petitioner No, 2 was promoted as such on 06.11.2003, therefore, they were not working as Senior Accountant at the time of promulgation of Regulation, 1978, hence petition b dismissed.
' It was also mentioned in the rejoinder that Abdul Rauf was pointed out that petitioners were discriminated as between 1986 to 2002 more than 15 employees were extended relaxation in said educational qualification. Their names and status is being explained as under:- {{TABLE}} Sr. No, Name of Employee Qualifi- cation Date of appoint- ment Desig- nation at the time of promo- tion Promoted as Senior Accountant BS-16 Promoted as Assistant Director BS-17 Promoted as Deputy Director (F&R) BS- 18 Mr. Abdul Hamid Matric 21.11.1967 As above 11.07.1978 17.12.1987 Mr. Hassan Ali B.A.
20.09.1967 As above 11.07.1978.
16.05.1991 Mr. Abdul Rauf B.A.
01.08.1967 As above 22.02.1981 19.12.1991 24.07.2004 Mr. Basharat Ali I.Com.
06.11.1968 As above 31.05.1981 17.05.1994 Mr. Saeed Anwar B.Sc.
05.01.1971 As above 05.05.1988 17.05.1994 Mr. Jamil Anwar B.A.
18.12.1968 As above 30.06.1986 15.10.1995 Mr. Lal Din I.Com 16.07.1971 As above 30.06.1986 15.10.1995 Mr. Riaz Ahmed Farooqi B.A.
14.12.1973 As above 05.05.1988 16.03.2001 16.07.2009 Mr. Muhammad Amin I.Com 26.04.1974 As above 05.05.1988 18.10.2001 Mr. Muhammad Zubair I.Com 26.04.1974 As above 05.05.1988 18.10.2001 Mr. Muhammad Maqsood I.Com 20.09.1969 As above 26.11.1988 18.10.2001 Mr. Zial Ullah Jan I.Com 23.10.1974 Tele- phone Opera- tor 27.05-.1992 16.09.2002 Mr. Shabbir Ahmed B.A.
18.03.1973 J.A.A.
21.05.1991 30.11.2001 {{TABLE}} and Riaz Ahmed Farooqui, have also been promoted as Deputy Director Finance/Revenue in BS-18 whereas they did not fulfill requisite educational qualification of B.Com. It was lastly pointed out that no DPC for the promotion for the post of Assistant Director (F&R) BS-17 was convened from 2007 whereas 13 seats are lying vacant, therefore, petitioners be considered.
5. Arguments heard. Record perused.
6. The case of the petitioners for promotion from ' Senior Accountant to Assistant Director (F&R) BS-17 is sought on the ground that despite the fact that petitioners do not posses B.Com. Degree and were not working as such at the time of promulgation of Regulations of 1978 ibid, they are still entitled for promotion, otherwise they will be discriminated. Thirteen officials have been named in the rejoinder filed by the petitioners whose educational qualifications were relaxed in the public interest and it appears that the case of the petitioners was not even considered for said relaxation. Importantly, two of the officials namely, Abdul Rauf and Riaz Ahmed Farooqi, have also reached the post of Deputy Director four years before. As pointed out, since May, 2007 no DPC was convened though 13 posts of Assistant Director (F&R) BS-17 are still lying vacant.
7. The Constitutional guarantees in form of Article 25 against discrimination as well as Article 18 for equal professional opportunities, has to be protected at any cost. The public functionaries may not be allowed to act and run their affairs according to their whims and desire. The reliance can easily be placed upon Syed Mehmood Akhtar Naqvi and others v. Federation of Pakistan and others (2013 SCM R 1).
8. For the foregoing reasons, I dispose of this writ petition with the direction to respondents to consider the case of the petitioners in the next DPC meeting where their case may be considered ensuring that no discrimination takes place to them while considering their case for promotion for the post of Assistant Director (F&R) BS-17.