CP 1611/2007: Capt.

Haroon Abdullah versus PIAC & Others

The above-noted constitutional petition was heard by a bench of two learned
judges who differed in their opinion as to the competency/maintainability of the
petition u/s 199 of the Constitution. One Judge held that it was incompetent as
petitioner has no vested right to seek promotion. While on the other hand the other
learned judge is of the opinion that writ is maintainable as order impugned against
in the writ petition was void ab initio. The case is now before a referee judge.
The referee judge has jurisdiction to hear those points only, whether of law or
facts, on which judges of division bench were at difference. Rehearing of case
would be without jurisdiction by the referee Judge. (PLD 1974 SC 257; PLD
1955 Lahore 1). The point in difference appears to be the maintainability of the
writ petition. At least this is the point where learned judges parted their ways and
delivered a partitioned judgment: one of them dismissed the petition on the ground
of non-maintainability, while other deciding the case on merits allowed the
petition.
It is settled law that a constitutional petition seeking enforcement of non-statutory
rules by an employee of a statutory corporation is incompetent and is liable to be
dismissed in limine. 1992 SCMR 1093. (University of the Punjab versus Ch.
Sardar Ali).
It is quite true that where an alternate remedy exists (here a civil suit or
departmental appeal), it is in discretion of the Court to hear a constitutional
petition. But this discretion is now governed by the rulings of Supreme Court,
which clearly lay down that a constitutional petition agitating rights under nonstatutory rules is liable to be dismissed in limine.
There is no judgment of the Supreme Court where Supreme Court has upheld the
exercise of the Constitutional jurisdiction for the enforcement of rights based on
non-statutory rules of a statutory corporation.

1992 PLC 637

PLD 1980 K 609

PLD 1992 K 190

2001 PLC CS 207
PLD 1987 SC 172 (no vested right in promotion or rules determining eligibility of
promotion)
1985 PSC 1190