Capt.(Rtd) Feroz Shah Vs Federation of Pakistan and others

PESHAWAR HIGH COURT, PESHAWAR

(JUDICIAL DEPARTMENT)

WP .513-P

Capt. (Rtd) Feroz Shah.

.Petitioner

V/s

Federation of Pakistan Through Secretary Establishment, Establishment Division, Islamabad & others.

.Respondents.

For the Petitioner: IWs Shumail Ahmad Butt & Qazi Jawad Ehsanullah, Advocates.

For Respondents: IWs Tariq Assistant Attorney General & Barrister Saqib Raza Assistant Advocate General along with Sami-u-Haq Section Officer (CP-I) Establishment Division.

Date of hearing: 29.0I.2024

SYED ARSHAD ALI. J.- This consolidated judgment is aimed at deciding the instant petition as well as connected writ petitions bearing No. 4318-P & 3L20-P12023 as essentially adjudication of cofirmon questions of law and facts are involved in all the petitions.

Petitioner's case

2.It is averred in the petition that the petitioner started his career by joining the Pakistan Army Elite Group of Special < Service Group-2 (SSG) Commando Battalion, and thereafter, he joined the Police Service of Pakistan (PSP) in 1992. After completion of training, the petitioner was posted as Assistant Superintendent of Police at Ferozabad, District East Karachi.

From time to time, he was promoted to the next higher post and at present, he is working against the post of Deputy Inspector General of Police (Training) at CPO Office, Peshawar. The petitioner is aggrieved of the impugned orders/letters whereby the Central Selection Board ("CSB"), while considering the cases of promotion to BPS-21, has recommended him for supersession as he, according to the decision of CSB, has failed to meet the required threshold of 75 marks.

Plea of Resoondents.

3.The respondents in their comments contest the jurisdiction of this Court in the matter on the touchstone of law laid down by the Apex Court in the cases of Mian Abdul Malik vs. Dr. Sabir Zameer Siddiqui and 04 others (1991 SCMR ll29) and fhiof .lonrotnrtt Gnwt nf Pttnin b Lahore oitn fc Ms. Shamim Usman (Civil Petition No. 1097-L of 2020 dated 01.07.2021). They further stated that promotion is neither a vested right nor it could be claimed with retrospective effect. v,s Industries Production. Government of Pakis 1s lamabad (200s scMR 1742) and Muhammad lqbql and others vs. Executive District Officer (Revenue,t (2007 SCMR 682). On factual premise, it is contended by the respondents that the case of the petitioner was considered by the CSB constituted in accordance with Rule 2(b) of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 ("Rules, 1973") and recommended for his supersession in terms of Rule-8 (a) of the Civil Servants Promotion (BPS- 1 8 to BPS-21) Rules , 2019 ("Rules , 2019") as he had failed to meet the required threshold of 75 marks, a mandatory requirement for promotion to BPS-21 in terms of Rules,2019.

4.Before deliberating the merit of the case qua jurisdiction of this Court, we deem it appropriate to refer to the governing law on the subject.

Civil Servants Act. 1973

2.DeJinition.-(1) In this act, unless there ,s anything repugnant in the subject or context, -- (a)

(b)"civil servant" means a person who is a member of an All-Pakistan Service or of a civil servant of the Federation, or who holds a civil post in connection with the affairs of the Federation, including any such post connected with defence, but does not include-

(i)a person who is on deputation to the Federation from any Province or other authority;

(ii)a person who is employed on contract, or on work-charged basis, or who is paidfrom contingencies; or (iii)a personwho is a "worker" or "worbnan" as defined in the Factories Act, (MV of 1934), or the Workrnan's CompensationAct, l92j (VIII of 1923):

(c)(d) (e)

(g)"rules" means rules made or deemed to have been made under this Act;

(h)"selection authority" meons the Federal Public Service Commission, a departmental selection board, departmental selection committee or other authority or body on the recommendation of or in consultation with which any appointment or promotion, as may be prescribed, is made; and

9.Promotion.-(1) A civil servant possessing such minimum qualifications as may be prescribed shall be eligible for promotion to a higher postfor the time being reserved under the rules for departmental promotion in the service or cadre to which he belongs:

[Provided that the posts of-*

(a)Additional Seuetary and Senior Joint Secretary may, in the public interest, be filled by promotionfrom amongst fficers of regularly constituted Occupational Groups and services holding, on regular basis, posts in Basic Pay Scale 20; and (b) Secretary may, in the public interest, be filed by promotion from amongst fficers of regularly constituted Occupational 4 Groups and services holding, on regular basis, posts in Basic Pay Scale 21,

in such manner and subject to such conditions as may be presuibed.J

(2)A post referred to in sub-section (l) may either be a selection post or a non-selection post to which promotions shall be made as may be prescribed.

(a)in the case of a selection post, on the basis of selection on merit; and

(b)in the case of o non-selection post, on the basis of seniority- cum-fitness.

t(3) Promotion to posts in basic pay scales 20 and 2I and equivalent shall be made on the recommendations of a Selection Board which shall be headed by the Chairman, Federal Public Service Commission.J

Civil Servants Promotion and Transferl Rules, 1973

2.In these rules, unless there is anything repugnant in the subject or context,-

(a)"appointing authority", in relation to a post meons the person authorized under rule 6 to make appointment to that post;

t@ "Central Selection Boord" means a Board constttuted by the Federal Government, for the purpose of selection for promotion or transfer to,-

(i)posts in basic pay scale 18 in the District Management Group and the Police Group; and

(ii)posts in basic pay scales 19 to [2lJ and equivalent, consisting of such persons as may be appointed by Federal Governmentfrom time to time;J

(c)"Commission" means the Federal Public Service Commission;

t@ "Departmental Promotion Comrnittee" means a Committee constituted for the purpose of making selection for promotion or transfer to posts under a Ministry, Division, Department or Office of the Federal Governrnent in basic pay scales 18 andbelow andequivalent;J and t@) "Departmental Selection Committee", means a Committee constituted for the purpose of making selection for a initial appointment to posts under Ministry, Division, Department or Ofice of the Federal Government in basic pay scales I and above other than appointments which fall within the purview of the Federal Public Service Commission under rule 3 of the Federal Public Service Commission (Functions) Rules, 1978;J (/) OmittedJ

3.t0 Appointments to posts shall be made by any of the following methods, namely : -

(o)by promotion in accordance with Part II of these rules;

(b)by transfer in accordance with Part II of these rules; and fr f\ @ by initial appointment in accordance with Part III of these rules.J @ The method of appointment and the qualifications and other conditions applicable to a post shall be as laid down by the Ministry or Division concerned in consultation with the Establishment Division.

tO) Notwithstanding arrything contained in sub-rule (1) or ihe method of appointment laid down in the recruitment rules, a person who is rendered surplus as q result of the reorganization or abolition of a Division, Department, Office or permanent post in pursuance of any Government decision or aS d measure

of economy may be appointed to o post in the basic pay scale to which he belonged, if he possesses the qualifications, and fulfills other conditions, applicable to that post.J t(4) Where a person refened to in sub-rule (3).-

(i)possesses educational qualiJications which are considered interchangeable with, or equivalent to the qualification prescribed in the relevant recruitment rules; or (ii) fulfils the prescrtbed qualifications and the conditions for initial appointment to the post in relevant rules except the condition relating to prescribed experience.

the appointment authority may, for reasons to be recorded in writing, relax the requirement of educational qualifi.cations or, as the case may be, the prescribed experience.J

6.t0 The appointing authority specified in column (3) of the table below shall be competent to make appointment to the various posts in the basic pay scales specified in column (2) of that table.

Na Basic pay scale o.f posts Appointing Authority

^S.

(t)Posts in basic pay scales-20 [Prime MinisterJ and above or equivalent.

Q) Posts in basic pqt scales-L7 to Secretary theof 19 or equivalent. Ministry or Division concerned.

(3)Posts in basic pay scale-16 or An fficer notified by equivalent. the Secretary of the Ministry or Division concerned.

(4)Posts in basic pay scales 3 to I5 An fficer notified by or equivalent. the Secretary of the Ministry or Division concerned.

[Provided that appointment to posts in Basic Pay Scales 20 and above or equivalent in the President's Secretariat shall be made by the President.J

(S-A. No promotion on regular basis shall be made to posts in basic pay scales [17J to 22 and equivalent unless the fficer concerned has completed such minimum length of service, attended such training and passed such department examination, os may be prescribedfrom time to time.J 4<' Civil BPS-1 to BPS-21) Rules.

2.DeJinitiozs...........

(d)"Central Selection Board" or "CSB" means a board constituted under clause (b) of rule 2 of the Civil Servants

(Appointment, Prornotion andTransfer) Rules, 1973 to consider promotion of civil servants to BPS-20/21 and equivalent;

(m)"Promotion" meaw appointment by promotion as provided in the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973;

(o)"supersession" means the decision of the appointing authority on the recommendations of CSB, DSB or DPC, as the case may be, to supersede on fficer for promotion to a higher basic pay scale or post on a particular occasion.

4.Consideration by CSB, DSB and DPC.- (1) The CSB, DSB or DPC, as the case moy be, shall consider a civil servant for prornotion in order of seniority and in accordance with these rules or the recruitment rules or the criteria specified for promotion to the particular post.

(2)While making consideration under sub-rule (l), the CSB, DSB or DPC, as the case may be, shall follow the provisions ofthese rules and guidelines set out in Schedule-I to these rules.

(3)Subject to availability of a post for the time being reserved for promotion, a civil servant shall be considered for promotion and after such consideration, he shall be recommendedfor-

(a)promotion; or

(b)appointment on acting charge basis; or

(c)deferment; or

(d)supersession.

(4)Subject to rule 8-B of Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, the consideration as well as recommendations of a civil servant for acting charge appointment shall be made in accordance with the manner of consideration of a civil servantfor promotion.

6.Eligibility uiterinfor considerationfor promotion.- (1) The minimum criteria for consideration of promotion to various posts shall be-

(a)fulfillment of length of service for promotion to any particular post or basic pay scale or grade that has been separately specified;

Provided that the conditions made by the President as reproduced in Schedule-Il shall apply while calculating the length of service of the civil servantfor his/her promotion;

(b)satisfactory completion of mandatory training;

(c)possession of qualification and experience and other conditions as prescribed in the relevont recruitment rules, if notified separately;

4 (d) fuffihment of mandatory conditions of the rotation policy so specifiedfor any service, group or cadre;

(e)fulfitlruent of policy for field posting, if so specified for any service, group or cadre; and (/) fulfillment of other terms and conditions for the time being inforce.

(2)The minimum criteria under sub-rule (l) in no way shall vest the right whatsoever for promotion to a particular post'

8.Condition for supersession.- A civil servant shall be r e c ommende d for super s e s s ion, if-

(a)he/she does not rneet the requisite threshold for promotion to a particular post or grade in any particular service, group or post;

(b)subject to the provisions of rule 22, he/she fails thrice for any reason to attend the mandatory training; or (c) there is any other reason which shall be recorded in writing by the CSB, DSB or DPC as the case may be.

10.Consideration of promofion of civil servunts who were deferred/superseded (l) A ctvil servant deferred, except under clause (d) of rule 7, shall be considered for promotion again after the reason on the basis of which the deferment took place ceases to exist.

(2)The civil servants fqlling in the category mentioned in clauses (g) and (h) of rule 7 shall be considered for promotion only to return to a cadre post and earning at least one PERfor full year before considerationfor promotion.

(3)The one full year PER referred in sub-rule (2) means a report of twelve complete months inclusive of period spent on mandatory training.

Provided that if an fficer has not earned PER of complete one year (twelve months) and has earned only part PER in that year for reasons beyond his/her control, then his/her special report, for the period of deficiency, earned subsequently shall be taken into account to complete the twelve months requirement for the purpose.

(4)In a case where an fficer has returnedfrom deputation abroad or joined duty after availing leaw of one year or more but no PER is due in the present grade, his/her overall PER grading for the previous grade shall be counted, for the purpose of quantification in the present grade: Provided that only such cases shall be covered under this sub-rule wherein an fficer after such return from deputation abroad or leave has served within the cadre for a period of one complete year reckoned from the date the fficer assumes duty after such return till the date of holding the meeting of the CSB, DSB or DPC, as the case may be. Provided further thot in such cqses a satisfactory special report of the fficer in present basic pay scale shall invariably be required but the same shall not be quantified under any circumstances.

(5)A civil servant, once superseded for promotion under -- rule 8 shalt be eligible for reconsideration only after he/she earns one tnore PER of one full year-

<4' 18. Quantfication of PERs, training evaluation reports and CSB; DSi and DPC evaluation,- (1) For the purpose of considerotion by the CSB, DSB and DPC, the PERs shall be quantiJied in accordance with the formula as set out in Schedule il1.

(2)For the purposes of promotion to BPS-18, the PERs shall have the weightage of hundred percent.

@ For the purposes of promotion to the posts in BPS-19, BP-20 and BPS-21, thefollowing quanti/ication method shall be followed namely:-

(a)PERs in respect of two preceding BPS or the last fifteen years whichever is more shall be quantified. If the service of an fficer in present and previous BPS is less than fifteen years then the deficiency shall be met by taking into account the PERs of next lower BPS, which shall be braclrpted with the PERs of preceding BPS. Quantification of PERs relating to present and previous BPS will have a ratio of 60%:40%;

@ the marl<s mentioned in column (3) of the table below shall be allocatedfor quantification of PERs, training evaluation report and CSB and DSB evaluation os mentioned in column (2) of the Table namely:-

TABLE

S. Na Factor Marks

(1)(2) (s) I Quontification of PERs 40% 2 Training Evaluation 30% Reports 4ERS) 3 Evaluation by CSB and 30%

DSB

4 Total 100%

(c)the objective assessment form as set out in Schedule-IV to these rules shall be placed before the CSB and DSB along with panel proforma of every fficer for obiective evaluation. The CSB and DSB shall assess each fficer on the panel on the basis of parameters and attributes as given in the respective obj ective as s e ssment form for pr omotion ;

(a)the CSB or DSB, as the case may be, shall apply its collective judgment to determine the fitness for promotion to selection posts as per parameters given in the obiective assessment form and shall oward marks to an oficer and place him in category A, B or c in accordance with the classification given in the following Table, namely:-

TABLE

Category Marks

A 2l to 30 B llto20 €<' C 0l to l0

(b)in such cases whereby a civil servont was not required to undergo mandatory training, weightage of PERs shall be 50ok and marla out of 50% shall be awarded by the CSB and DSB; and

(c)in case, a civil servant has been appointed in the cadre in the present scale, his/her PERs of the present scale shall be givin the total weightage assigned to the PERs in the Table under clause (b).

Schedule-IV [See rule 18(3) (c)]

GOWRNMENT OF PAKISTAN

MINISTRY/DIWSION

OBJECTIVE ASSESSMENT BY

CENTRAI./D EPARTMENTAL S EL E C TI ON B OARD

Officer's Name: Seniority No._

Group/Service/Cadre: Present Scale:

,SN P ar ame t e r s/Attrib ut e s Total Marks No. Marks 30 Assigned I Output and quality of work 3 P r oJi c i ency/pr o duc t ivity/ obj e ct iv i ty/ ffi c t iv e ness Dossier and documentary evidence. 2 Variety and Relevance of Experience 3 Se cr e tar iat/Fiel d p o st s ; Fe der aUP r ovinci al Government P ostings ; Leadership/Routine P o s tings ; D eputation/For eign P o st s 3 Profess ion al Expertis e 3 Or ganization/metho dic al/r eliab il ity under pres sure/ knowledgeable/level heade dnes s. Based on dossier and career profile, TERS 4. Personality Prolile. 3 (As lcnown to the Board Members primarily on the basis of dossier/documentary evidence).

5.Conduct, Discipline, Behavior 3 Observation by RO/CO during the last 05 years OR as known to the Board Members primarily on the basis of do s s ier/document ary evi denc e.

6.Leadership 3 Functional ability/ c onfi dence/de c is i on- madng; based on dossier, TERs, PERs 7. Estimated Potential for Middle/Iligher 3 Management Based on PERs and TERs; Management Skills, Ability to take decisions, Strategic Thinking, Leadership Qualities, Drive for Results and Accomplishments in BPS-L9 and 20 in policy formulotion and # 8. Inte grity/G e n e r al Rep utation/P erc ep tio n Professional Ethics/Conduct; on the basis of PERS/TERs/Opinion of the Board primarily based on the dossier/documentary evidence 9. Commitment to Public Service: 3 Devotion to duty/drive/motivation based on P Career Dossier 10 Teamwork:

j C o mmuni c at i o n/ m o t iv a t i o n/ i n@!pg!! p n al--

relations based on Career profile PERs, TERs Total Murks

5.The present issue relates to the promotion of petitioner to the post of BPS-21 which under the law, referred to above, is a selection post. The petitioner is a civil servant and was eligible to be considered for promotion to the post of BPS-21 on the basis of criteria laid down in the [aw, referred to above. Section 2(b) of the Act, 1973 has defined the expression 'civil servant' whereas section 9(1) of the Act, 1973 envisages that the civil servant possessing such minimum qualifications as may be prescribed, shall be eligible for promotion to a higher post, for the time being reserved under the rules for departmental promotion in the service or cadre to which he/she belongs. Section 9 further provides criteria for promotion to a selection post viz-a-viz non-selection post to which the promotion can be made. Promotion to a selection post is based on merit whereas in case of non-selection post the essential criterion is seniority- cum-fitness. Promotion to BPS-20 and 2l is made subsequent to the recommendation by CSB.

6.The issue being agitated before us is whether the petitioner is qualiffing for, and is thus deserving of promotion in terms of his merits. The technical distinction between being eligible to be considered for promotion, and being appointed on merits for promotion must be borne in mind. The former is a term and condition of service, ffid as such, any grievance about it could be taken to the appropriate tribunal established under 5{,' article 212. The latter that is being fit on merits for promotion, is essentially an evaluative judgment of the competent authority in respect of an individual civil servant that is ideally governed by objective standards of performance assessment. Neither the Court, nor the tribunal can legally replace its own evaluation for

that of the competent body while exercising its supervisory jurisdiction. Mian Abdul Malik vs. Dr. Sabir Zameer Siddiqui (19e1 SCMR 1129) ond Muhammad Anis and others vs. Abdul Haseeb and others (PLD 1994 SC 539).

7.Similarly, it is also settled that promotion is neither a vested right nor it could be claimed with retrospective effect, however, a civil servant has a right to be considered for promoti on. Hussain Sherazi vs. Secretarv Ministrv of Industries and Production, Government of Pakistan, Islomabad (2005 SCMR 1742) and Muhommad Yousaf vs. Chsirman, Roilwav Board/Seuetary (1999 SCMR 1559).

8.About the scope of interference available to this Court in matter of grant or decline of promotion by competent authority, the apex Court has categorically drawn the circumference in Muhammad and others vs. Executive District Officer (Revenue). Lodhran and anolher (2007 SCMR 682) where it was held that only violation of law, lack, excess or colorful use of jurisdiction by a competent body might justifiably invite supervisory interference by the Court.

9.Later, the Apex Court when confronted with a situation that a civil servant was evaluated on the basis of unstructured and whimsical criteria has intervened in the matter by observing that the Board/CSB should not have a discretion to recommend the supersession of candidate solely on the basis of unstructured exercise of discretion while awarding certain marks on the basis of personal opinion. Conferring upon the Board/CSB exclusive, unbridled power to decide the fate of the candidate on the basis of personal opinion regarding integrity or other unstructured { attributes was disapproved. Orva Maqbool Abbasi vs. Federation of Pakistan throush Secretarv Establishment Division others (2014 SCMR 817), Seuetarv Establishment Division, Government of Pakistan vs. Aftab

t2

Ahmed Manika and others (2015 SCMR 1006) and Federation of Pakistan throueh Secretarv Establishment Division and others vs. Dr. ammad Arif others (2017 scMR 969).

10.Moving on to the facts of the present case. The case of the petitioner was placed before the CSB along with other colleagues. As per Rules, 2019, marks are divided into three (03) different categories; forty percent (40%) marks are given to the PERs, thiny percent (30%) marks are given to the Training Evaluation Reports (TERs) and thirty percent (30%) marks are assigned to the CSB. Marks of PERs and TER5 a1e those marks which the officer himself earns through his performance in service and in training; whereas remaining30Yo marks are in the hands of CSB which are further divided into 10 attributes of objection assessment with 3 marks for each attribute. As per record, when the meeting of CSB was held on 27th to 29fr January, 2020, the case of petitioner for promotion to BPS-21 was considered, however, he was recommended for supersession as his PERs till 2018 were due. The case of petitioner for promotion to BPS-21 was again considered by the CSB in its meeting held on 4th to 7h January,2021, however, he was recommended for supersession as his PERs till2019 were due (,.first decision,,). The first decision of CSB is being impugned in Writ Petition No. 513-P12022.

11.The case of the petitioner for promotion to BPS-21 was once againplaced before the CSB in its meeting held on 10ft to 15tr August,2020.In the said meeting, the CSB had deliberated upon the service profile of the petitioner; his SMC report was considered; however, the petitioner was rated as 'B' for attribute of integrity on the basis of PER for the period 01.01 .2020 to 31 .12.2020. The petitioner was found to have failed to meet the required threshold of 75 marks; hence, he was

recommended for supersession in line with rule 8(a) of the Rules, 2019 ("second decision"). The second decision of the CSB has been challenged in Writ Petition No. 3120-P12023.

12.The promotionos case of the petitioner was finally considered in the meeting of CSB which took place from l't to 4th August,2023.In the said meeting, the petitioner was rated as oB' for the attributes of integrity and 'B' for the attributes of honesty and straightforwardness as per PER for the period starting from 01.01 .2020 to 3l .12.2020. The Board also found the officer's grading regarding financial integrity as 'olow reputation' ("third decision"). The third decision is the subject-matter of Writ Petition No. 4318-P12023.

13.Pursuant to the judgment of the Apex Court in the case of Dr. Muhammad Arif (2017 SCMR 969), Rules, 2019 were framed; structuring the discretion of members of the CSB as per assessment criteria in terms of Rule-18 (3) (c) as provided in Schedule-IV of the Rules, 2019. The close perusal of the entire addendum on the basis of which the CSB has evaluated the perfonnance of the petitioner would show that no room has been Ieft to the members of the CSB to apply whimsical approach for the evaluation of an officer. The vires of these rules were challenged before the Hon'ble Islamabad High court through writ Petition No. 08 of 2020 titled "sikondar Hayat Maken vs. Federation of Pakistan through secretary Establishment Divisions Government of Pakistan and others" (2021 PLC (C.5.) 1450), the Hon'ble Islamabad High Court a

while elaborately discussing the ratio of various authoritative pronouncements of the Apex Court has upheld the said Rules by holding that the Rules of 2019 have been validly framed and have not been found to be inconsistent with the principle of law enunciated in the cases of Orya Maqbool Abbasi, Aftab Ahmed Manilra and Dr. Muhammad Arif (supra).

V

1,4. The respondents have provided objective assessment sheet of the CSB meeting, as stated above as well as the service record of the petitioner. The perusal of the said record would clearly suggest that the CSB has objectively considered the present petitioner and has given him marks against his various attributes in accordance with the criteria provided under the Rules, 2019. The said opinion of the CSB cannot be substituted by this Court in view of the law laid down by the apex Court in the case of Muhammad Iqbal supra. The petitioner though has leveled allegation of malafide but in absurd manner without being substantiated by any document.

15.However, in the present case, admiuedly, the case of the petitioner was considered by the CSB in its meeting held on 10ft to 15tr August, 2020 on the basis of PER for the period starting from 01.01 .2020 to 31.12.2020. It is in very unequivocal words provided under sub-rule (5) of Rule-l0 that a civil servant once superseded for promotion under ru1e-8 shall be eligible for reconsideration only after he/she earns one more PER of one full year. when the case of petitioner was reconsidered by the CSB in its meeting starting from lst to 4th August, 2023, the petitioner was evaluated on the basis of the same PERs starting from 010.01 .2020 to 31.12.2020. Thus, the said consideration of the petitioner on the basis of the same PER is contrary to the clear language of sub-rule (5) of ru1e-10. Therefore, the supersession of the petitioner in terms of rule- 8(a) was unfounded and in such circumstances, the case of the petitioner fatls within the purview of rule-7 which envisages for the deferment of a candidate when the relevant record/PERs of 4 an officer are not available.

16.In view of what has been stated above, Writ Petitions bearing No. 5l3-Pl2O22 & 3l2O-P12023 are dismissed whereas Writ Petition bearing No. 43 t8-Pl2O23 is allowed; the third

g decision of the CSB recommending supersession of the petitioner in terms of rule-8(a) of Rules, 2019 is declared without lawful authority and as such the same shall be deemed as deferment in terms of ru1e-7 of Rules, 2019.

JUDGE

JUDGE

Date of hearing 29.01.2024 Date of Announcement ... ....29.03.2024

Date of preparation & signing Ofjudgment..... .......29.03.2024

Nawab Shah (DB) Justice Shakeel Ahmad & Justice Syed Arshad Ali l----