SOHAIL NASIR, J. Muhammad Hanif (petitioner) right now is holding the position of Area Manager in State Life Insurance Corporation at its office at Dera Ghazi Khan and through the instant writ petition his case is that despite the fact that his junior were promoted to Manager Marketing, said right has been denied to him.
2. In the writ comments filed by respondents, certain objections were taken including that the State Life Employees Service Regulations, 1973 although are statutory rules but as these are silent about the promotion criteria, therefore, to that extent these are non-statutory and B cannot govern of the promotion of petitioner.
3. On the other hand learned counsel for petitioner contended that Hon'ble Supreme Court of Pakistan in case "Chairman, State Life Insurance Corporation and others v. Hamayun fan and 2 others 2010 SCMR 1495" has already been pleased to declare that the rules (ibid) are statutory in nature, therefore, despite the fact that these are silent with regard to promotion criteria, petitioner has a legitimate right to knock the door of this court seeking his promotion as Manager Marketing.
4. HEAD.
5. The only controversy involved in this case is that whether this Court can issue any direction to respondents for grant of promotion to the petitioner? With the able assistance of both side I have gone through the relevant Rules and I find no difficulty to hold that even by strech of imaginations there is any reference about the criteria for promotion or the merit thereof. When the statutory rules are completely silent, it is impossible for this court to find out that how petitioner can meet the relevant merit for the purpose of promotion so the jurisdiction exercised by the respondents while refusing the said relief cannot be interfered.
6. No case in favour of petitioner is made out hence this writ petition is dismissed.
7. It is made clear that if any alternate remedy is available to petitioner, he may avail the same and certainly this order shall not prejudice his rights.