MUHAMMAD ISHAQUE SOOMRO vs WATER AND POWER DEVELOPMENT
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal concerning the pro forma promotion of the petitioner in Grade-17. The core legal questions involve whether the petitioner's promotion with effect from a specific date was unlawfully made subject to passing a promotion examination when no such requirement was prescribed under the applicable rules at the time, and whether the petitioner faced unreasonable discrimination compared to similarly situated individuals who received exemptions. The court granted leave to appeal under Article 212(3) of the Constitution of Pakistan 1973 to examine these questions. As part of its interim holding, the court ordered that the condition requiring the petitioner to pass the promotion examination shall remain in abeyance pending the final disposal of the appeal, while directing the respondent to submit comments.
- Whether the pro forma promotion of a civil servant can be made subject to passing a promotion examination when no such examination was prescribed under the rules at the relevant time?
- Whether a civil servant is subjected to unreasonable discrimination when similarly situated colleagues are granted exemptions from passing the same promotion examination?
- Article 212(3), Constitution of Pakistan 1973
ORDER
' SHAFIUR RAHMAN, J.--Leave to appeal is granted under Article 212(3) of the Constitution to examine the following questions of law arising in the case:--
(1) Whether the pro forma promotion of the Petitioner in Grade-17 w,e,f. 12-1-1978 had been made subject to his passing the promotion examination when no such examination was prescribed for promotion under the Rules as on 12-1-1978?
(2) Whether the petitioner is not being unreasonably discriminated against, as others named by him in similar positions were granted exemptions from passing the same promotion examination?
2. In view of the short legal questions being involved, let the respondent furnish its comments on these two points and the appeal he made ready for additional documents. In the meantime, the condition of passing the promotion examination shall remain in abeyance.