42/2017 Const. P. Mohsin Jameel (Petitioner) V/S Fed. of Pakistan and Ors (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon
42/2017 Const. P. Mohsin Jameel (Petitioner) V/S Fed. of Pakistan and Ors (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon Order Date: 17-APR-25
This Court emphasizes the Competent Authority's established legal right to formulate rules for efficient service and resolve inconsistencies within the Service Rules. Setting promotion eligibility criteria is the responsibility of the Service Rules Committee and is fundamentally an administrative function within the Respondent-Bank's exclusive policy-making authority. Therefore, this court generally finds intervention in such promotion matters unwarranted, as bank employees lack a guaranteed right to promotion or the rules defining their eligibility and fitness. Moreover, in banking cases, the High Court typically lacks the jurisdiction to invalidate such policies via a writ petition, except when the policy contradicts public interest, which is not the situation here. The Supreme Court has consistently affirmed this legal principle in numerous previous rulings. It is not for the courts to interfere with policy decision which have been made in good faith with the object of promoting merit. 12. Accordingly this petition is without merit and is dismissed.