MUDASSIR KHALID ABBASI, J. --- Through this Constitutional petition, petitioner has sought a direction against respondents for award of promotion from Assistant Superintendent Vaccination to District Superintendent Vaccination in BS-16.
2. On 5.12.1982 petitioner was appointed as Vaccinator in BS-5 and on 3.3.2008 he was promoted as Assistant Superintendent Vaccination. On 17.1.1990, petitioner was promoted as Inspector vaccination and finally in the year 2011 as Senior Technician, BS-14.
3. It has been contended by the learned counsel for the petitioner that petitioner is being deprived from the promotion as District Superintendent in BS-16 as there is inaction on the part of the authorities. On the other hand, learned AAG has seriously opposed this petition on the ground that the relief sought by the petitioner relates to the terms and conditions of his service therefore, this petition is hit by Article 212 of the Constitution.
4. Arguments heard. Record perused.
5. During the course of arguments, learned counsel for the petitioner candidly admitted that petitioner is a civil servant and grievance of the petitioner is related to the promotion as per version recorded in the impugned order.
6. Promotion has been defined in Chapter-II of the Punjab Civil Servants Act, 1974 which is related to the Terms and Conditions of the Civil Servants, Section-8 deals with the Promotion, reproduced as under:---
8. Promotion.---(1) A civil servant shall be eligible to be considered for appointment by promotion to a post reserved for promotion in the service or cadre to which he belongs in a manner as may be prescribed; provided that he possesses the prescribed qualifications.
(2) Promotion including proforma promotion shall not be claimed by any civil servant as of right.
(3) Promotion shall be granted with immediate effect and be actualized from the date of assumption of charge of the higher post, and shall in no case be granted from the date of availability of post reserved for promotion.
(4) A civil servant shall not be entitled to promotion from an earlier date except in the case of proforma promotion.
(5) A retired civil servant shall not be eligible for grant of promotion; provided that he may be considered for grant of proforma promotion as may be prescribed.
(6) A post referred to in sub-section (1) may either be a selection post or a non-selection post to which promotion shall be made as follows:---
(a) in the case of a selection post, on the basis of selection on merit; and
(b) in the case of non-selection post, on the basis of seniority-cum-fitness.
7. Promotion is not a legal vested right. In this regard reference may be made to "Zafar Iqbal v.
Director. Secondary Education" (2006 SCM R 1427), wherein it was held, that:-- "The Government is always empowered to change the promotion policy and the domain of the Government to prescribe the qualification for a particular post through amendment in the relevant rules, is not challengeable. This is also a settled law that notwithstanding fulfilment of the requirement qualification and other conditions contained in the rules, the promotion cannot be claimed as a vested right."
8. Contention of learned counsel for the petitioner that the question of promotion does not fall within the purview of terms and condition of service and said right being a legally vested right can be agitated in Constitutional petition under Article 199 of the Constitution is not acceptable because Hon'ble apex Court in number of reported judgments has held that the question of eligibility for promotion relates to terms and conditions of services and is to be subjected to judicial scrutiny by the Service Tribunal as inter alia held in "Mian Abdul Malik v. Dr. Sabir Zameer Siddiqui"
(1991 SCM R 1129), "Muhammad Anis v. Abdul Haseeb" (PLD 1994 SC 539) and "Saleemullah Khan v.
Shahid Hamid" (2011 SCM R 788).
9. Article 212 of the Constitution bars jurisdiction of this Court to adjudicate upon the matters with regard to the terms and conditions of service. Honble Supreme Court has held in various judgments that a civil servant cannot approach to the High Court in matters relating to the terms and conditions of his service. Reliance is placed on 'Ali Zahar Khan Baloch v. Province of Sindh"
(2015 SCM R 456), 1991 SCM R 1041 and 2007 SCM R 54.
In view of the foregoing reasons, I am not persuaded to interfere in the matter under the Constitutional jurisdiction, therefore, this petition being not maintainable is dismissed.