' The petitioner calls in question the order, dated 28-5-1998 passed by respondent No,1 by which order, it was directed, "Superintendent of the Government Printing Press, Punjab, Lahore shall consider his claim for promotion as Stereo Plate Keeper in the light of relevant rules and observation made above, under intimation to this office within two months".
2. It seems that the petitioner as well as respondent No,2, both employees in Government Printing Press have rival claim to be promoted to the post of Stereo Plate Keeper, respondent No,2 filed an application before respondent No,1 in which report from respondents Nos.3 and 4 was called for. In the report the claim of respondent No,2 was denied. However, as noted, vide order, dated 28-5- 1998, respondent No,1 passed the impugned direction. Respondent No,4 presented a review application but this application was dismissed on 27-8-1998. In this Constitutional petition it is urged that under section 9(2) of the Punjab Office of the Ombudsman Act, 1997, jurisdiction of respondent No,1 to entertain for investigation any complaint by or on behalf of a public servant in respect of any personal grievance relating to his service therein, is barred.
3. Learned counsel for respondent No,2, on the other hand, has contended that the impugned direction is only in the nature of a recommendation which may or may not be allowed by the Agency.
4. Whether it is a recommendation or a direction is not material. What is material is the question whether respondent No,1 has the jurisdiction to pass the recommendation/direction or not. The relevant facts noted above clearly indicate that respondent No,2, a public servant, was agitating a question in respect of his right to be promoted or to be considered for promotion by the Agency.
Such a question has clearly been, excluded not only from examination but even from entertainment by respondent No, 1 .
5. For what has been stated above, this petition is allowed and the impugned orders dated 28-5- 1998 as confirmed by order in review dated 27-8-1998 are declared to have been passed without lawful authority and consequently of no legal effect. No order as to costs.