The instant appeal is directed against the order of Deputy Inspector-General of Police passed vide Order Book No, 232, dated 26-10-1988 and against the order made by the Inspector-General of Police under No, 1185/II-16(19)/Admin/89, dated 4-9-1988 by which respondents" Nos, 3 to 6 were promoted to the posts of A.S.-I. in District Police at Muzaffarabad and were placed in BPS No, 5.
2. The relevant facts of the case to be briefly stated are that the appellant claims himself to be a senior most Head Constable to the respondents promotees 3 to 6. He was not promoted to the post of A.S.-I. despite the facts that he was better qualified for promotion in view of his seniority, academic qualification, commendation certificates and good record of service as compared to the respondents promotees who held junior position.
3. The appellant's prayer is that the impugned order may be set aside and he may be promoted against the vacancies instead of respondent promotees.
4. We have carefully considered the arguments addressed at this stage of preliminary hearing. In the instant case we find that the appellant was duly considered for promotion but on merits the respondents promotees were preferred over him. Among the well-known attributes of public service, one that is best subject to exception is that no employee can claim as of right a promotion from one position to another unless he could do so under a statutory provision or an enforceable condition of service. It is for promoting authority to determine the suitability of a person for promotion after an assessm ent of all relevant considerations such as, seniority, competence, rectitude and antecedent official record none of which is less important than the other, for the preservation of purity and efficiency in public service. Apart from that, no appeal lies under section 4(b) of the Service Tribunals Act, 1975 as amended upto date against an order or decision of a departmental authority determining the fitness or otherwise of a person to be appointed to or hold a particular post or to be promoted to a higher grade.
3. In view of the above state of law, the present appeal is not maintainable and the same is hereby dismissed in limine.