' IFTIKHAR MUHAMMAD CHAUDHARY, J.---Petitioner Muhammad Shafique son of Karam Ellahi, in instant petition has assailed the order, dated 9th April, 1999 passed by Balochistan Service Tribunal, Quetta in S.A. No.37 of 1997 whereby his claim for pro forma promotion from the rank of Head Constable to the rank of Assistant Sub-Inspector has been declined concurring with the order, dated 20th June, 1996 passed by departmental authority i.e. Deputy Inspector-General of Police, Quetta.
2. In brief the facts of the case are that petitioner joined service as Constable on 18-10-1977 in the Special Investigation Cell of Police Department. He was promoted as Head Constable on 1st January, 1978 in the same cell. However, later on the Investigation Cell was disbanded and petitioner alongwith other employees was absorbed in the regular Police Department as Constable but after completion of Lower School Training he was promoted as Head Constable in 1984.
Subsequent thereto he also qualified Intermediate School Course in 1989. It so happened that he was assigned seniority as Head Constable from the year 1984 on the ground that prior to it he had not passed the requisite examination, therefore, he approached the Service Tribunal by filing Service Appeal No.6 of 1995 which was allowed on 15th August, 1995 and it was ordered that he should be taken to be qualified Head Constable with effect from 1st April, 1982. The order of the Service Tribunal was accordingly complied with. After qualifying the Intermediate School Course in the year 1989 the petitioner approached the competent authority of the department i.e. D.I.-G., with the request that pro forma promotion be given to him in the rank of A.S.-I. With effect from 9th September, 1990 when Mr. Farooq Jamil a junior officer in rank to him was promoted. The representation so filed by him was rejected on 20th June, 1996 by the D.I.-G. Police. Later on he filed appeal before Inspector-General of Police which, too, was rejected on 15th May, 1997. As such Service Appeal No.37 of 1997 was filed by him before the Balochistan Service Tribunal, which has been rejected, vide impugned order.
3. Petitioner appeared in person and stated that he was deputed to undergo Intermediate School Course by the department with delay though he was eligible for this course in 1984, therefore, being not at fault he is entitled for promotion to higher rank i.e. Assistant Sub-Inspector at least from 1989 when he qualified Intermediate School Course. It was further argued that Farooq Jamil and Muhammad Inayat who were junior to him in the seniority have been promoted.
4. Pre-admission notice was issued to the . Respondents. Mr. Muhammad Ashraf Khan Tanoli, Advocate-General appeared on their behalf and argued that no one, being in the employment of Police Department, can claim pro forma promotion as of right. He further explained that promotion-from the rank of Head Constable to the rank of Assistant Sub-Inspector is granted to the officials who have qualified Intermediate School Course and their names have been brought on "D" List. Because in this case the petitioner did pass Intermediate Course in 1989, admittedly much after qualifying the course by Farooq Jamil and Muhammad Inayat, Head Constables and as their names were already on "D" List, therefore, they were eligible for promotion prior to petitioner.
5. We have heard the petitioner at length and have also gone through Rule 13.9 of Police Rules, 1934 (hereinafter referred to as the "Rules"). A perusal whereof indicates that List "D" is prepared for promotion of Head Constable to the rank of Assistant Sub-Inspectors in each District after passing by them the Lower School Course and the Intermediate School Course at the Police Training School and the name of a head constable will not automatically appear on "D" List unless his name is approved by D.I.-G. A as eligible for officiating or substantive promotion to the rank of Assistant Sub-Inspector. Besides there is yet another condition which is required to be fulfilled by a Head Constable i.e. That he is thoroughly efficient in all branches of the duties of a Constable and Head Constable and is of established integrity. As has been pointed out hereinabove that the names of Farooq Jamil and Muhammad Inayat were included in "D" List much prior to qualifying of Intermediate School Course by the petitioner, therefore, in pursuance of Rule 13.9 read with Rule 13.1 of the Police Rules, the petitioner cannot legitimately claim pro forma promotion to the rank of A.S.- I. Because first of all he is to be promoted as A.S.-I. Against substantive vacancy on regular or on officiating basis thereafter if it is established that any other A.S.-I. Who was junior to him in seniority has been promoted earlier to his promotion then he can agitate his claim for pro forma promotion from the date when a junior official in seniority to him was promoted, otherwise legally he has no claim for pro forma promotion as A.S.-I. Under the law.
' Thus for the foregoing reason the petition being without substance is dismissed and leave to appeal is refused.