1. Muhammad Aslam's grievance petition was dismissed on 23-8-1992 by Punjab Labour Court No, 2, Lahore; and he has come up in appeal before this Court.
2. Muhammad Aslam had been appointed as Lower Division Clerk on 17-4-1962, and promoted as Upper Division Clerk on 1-5-1977. He got officiating appointment as Litigation Assistant (BPS-11). He was considered for regularization as Litigation Assistant, in the meeting of the Selection Committee held on 20-3-1988. A letter was issued in that behalf on 14-5-1991, but it was not prepared in accordance with the established principles and prescribed rules, according to the employee. He failed to receive a favorable response from the Authorities and served upon the employer a grievance notice Exh. P.1.
' Selection of Litigation Assistant is admittedly made through direct appointment and in an open competition. The appellant figured at S.No, 6, in the selection list, as testified by the Head Clerk as R.W.
1. Muhammad slam had been appointed as Litigation Assistant, on ad hoc basis, pending regular selection. I do not entirely agree that promotion is not a vested right of an employee. When it is said that every act has to be performed in a lawful, just and fair way, and even discretion has to be exercised judiciously and in conformity with the judicial rationale, an aggrieved official or employee can certainly agitate his entitlement to appointment against a certain post, almost as a matter of right. Question, however, is as to which one would be the proper forum to determine suitability as also seniority of a particular person in the matter. Muhammad Aslam belongs to the Law Branch of the Railways. As such, he does not belong to the working class and cannot claim to be a workman; and it is, therefore, difficult to differ with the finding recorded in that behalf by the learned lower Court. If Muhammad Aslam has a genuine grievance, he may approach the proper forum in the matter, and cannot invoke the aid of the labour laws by having recourse to a Labour Court. The appeal has no merit and is hereby dismissed, with no order as to costs.