Full Judgment Text & Judicial Ruling

2007 P L C (C.S.) 529

[Lahore High Court]

Before Iqbal Hameed-ur-Rehman, J

MUHAMMAD SAMI ULLAH KHAN

Versus

INSPECTOR-GENERAL OF POLICE, PUNJAB, LAHORE and 4 others

Writ Petition No.625 of 2006, heard on 18th December, 2006.

Police Rules, 1934---

----R. 12.1---Constitution of Pakistan (1973), Art.199---Constitutional petition---Appointment on "Shaheed's claim"---Father of petitioner serving as Sub-Inspector in the Police Department was martyred in a police encounter---Petitioner who, at the relevant time was studying in 10th class and was about 16 years of age filed application for his enlistment in Police Department in the rank of A.S.-I.---Case of petitioner was kept pending till completion of his studies and becoming 18 years of age---After clearing his F.A. examination, petitioner again filed application for enlistment as A.S.-I., but he was recruited as Constable on "Shaheed's claim"---Petitioner being aggrieved with his said appointment as Constable instead of A.S.-I., approached the Authorities, but his application was not accepted---Validity---Petitioner on his earlier application was assured that on completion of his studies and coming to the age would be appointed as A.S.-I. on "Shaheed's claim" basis---Petitioner, in circumstances was entitled to be appointed as A.S.-I.---Question of waiver would not arise in the case of petitioner as petitioner had accepted post of Constable on assurance of Authorities that he would be entitled to the post of A.S.-I.---Contention of Authorities that as after promulgation of Police Order, 2002, for enlisting as A.S.-I, recommendation of Punjab Public Service Commission was required, and appointment of petitioner could not be made as A.S.-I., was repelled as Governor of Punjab had relaxed Rule, 12.1 Police Rules, 1934 and about nine posts of A.S.-I.'s were taken out of purview of Punjab Public Service Commission for appointment on `Shaheed Claim' basis---Case of petitioner being similar to said nine persons, he was also entitled for relaxation of Rules and to be appointed as A.S.-I.

Khawaja Qaisar Butt for Petitioner.

Muhammad Qasim Khan, A.A.-G. with Muhammad Saeed Inspector.

Date of hearing: 18th December, 2006.

JUDGMENT

IQBAL HAMEED-UR-REHMAN, J.---Through the instant writ petition, the petitioner seeks appointment as Assistant Sub-Inspector in the Police Department on "Shaheed's claim" basis.

2. Brief facts of the case are that the petitioner's father namely Muhammad Khan was working as Sub-Inspector in the Police Department and was posted at Police Station, Sarray Sidhu Tehsil Kabirwala District Khanewal. He was martyred in a police encounter. The petitioner filed an application before respondent No.2 for his enlistment in Police Department in the rank of A.S.-I. He at that time was studying in class 10th and was about 16 years of age. He was informed by the respondents that his case had been kept pending till completion of his studies and becoming 18 years of age vide letter dated 13-12-2004. After clearing his F.A. examination the petitioner again filed an application for enlistment as A.S.-I. on "Shaheed's claim" basis. The same was recommended by respondents Nos.2 and 4, but was not taken into consideration by respondent No. 1. The petitioner then moved to Chief Minister, who vide letter, dated 14th June, 2005 directed respondent'No.2 to take necessary action. He also approached to Prime Minister and his application was directed to be look into on priority for appropriate action. Respondent No.1 referred the matter to respondent No.3. After that the petitioner was recruited on Shaheed's claim basis as constable and posted at Police Station City Mian Channu, District Khanewal, Multan Range, Multan. Presently, the petitioner is working as constable and posted at Police Station, Police Lines, Khanewal. The petitioner being aggrieved with his appointment as constable instead of A.S.-I. approached respondent No.1, but in this regard his application was not accepted. Hence the petitioner has filed this writ petition.

3. It is argued that the petitioner's claim for appointment as A.S.-I. was accepted vide letter No.34941 dated 3-11-2000; that however, it was kept pending till the petitioner attains requisite qualification of F.A. According to the learned counsel the Government now cannot refuse the already accepted claim of petitioner. The learned counsel for petitioner has also placed on record a copy of summary submitted to the Governor of Punjab along with a letter written to Inspector-General of Police, Punjab, whereby the Inspector-General of Police was informed that the Governor had been pleased to accord relaxation of Police Rule 12.1 and nine posts of A.S.-Is. were taken out of purview of PPSC for appointment on Shaheed Claim Basis.

4. On the other hand it is contended by the learned A.A.-G. that after acceptance of the post of constable the principle of waiver shall apply and the petitioner has waived his claim for his enlistment as A.S.-I. on Shaheed Claim Basis while accepting the position of Constable. It is further contended that after passing of Police Order, 2002 the appointment of A.S.-I. has come within the purview of Punjab Public Service Commission and the respondents are not empowered to make any appointment in the cadre of A.S.-I.

5. Arguments heard and record perused. The petitioner from the very start had applied for the post of A.S.-I. under Shaheed Claim Policy on 1-11-2000. At that time he was studying in class 10th and was 16 years of age. His application was kept pending till he completed his study and came up to the age of 18 years. His application was considered by the D.I.-G., Multan Range, Multan. It was held by him that after passing of the Matriculation Certificate the petitioner would be recruited as constable and thereafter if he passed F.A. examination his case would be forwarded to the Range Office, Multan for enlistment of A.S.-I. After passing of F.A. examination by the petitioner the D.P.O. Khanewal, recommended the case of petitioner for his enlistment as A.S.-I. Then the D.I.-G. Multan Range, Multan vide letter No.37979/E-1 dated 13-11-2004 recommended the case of petitioner and said that his case had been considered and kept pending till the completion of his studies and coining to the age of 18 years and then he had passed F.A. and applied for enlistment as A.S.-I. on Shaheed Claim Basis. Subsequently, the case of petitioner was also recommended by the Chief Minister and the Prime Minister's Secretariat.

5-A. The case of petitioner seems to be genuine, in which the respondents after considering the same had given assurance that on completion of studies and coming to the age he would be appointed as A.S.-I. under Shaheed Claim Basis. Thus, he is entitled for appointment to the said rank. The question of waiver does not arise in the case in hand. The petitioner accepted the post of constable on the assurance of respondents that he would be enlisted as A.S.-I. The other question that after promulgation of Police Order, 2002 for enlisting as A.S.-I. recommendation of PPSC is required, therefore, the appointment of petitioner cannot be made, it has been noticed from the letter No.II/12-21/2002 Government of Punjab Home Department, dated 12-4-2002 that a summary duly approved by the Governor, Punjab was sent to Inspector-General of Police, Punjab. Vide this summary the Governor of Punjab was pleased to relax Police Rule 12.1 and nine posts of A.S.-Is. were taken out of the purview of PPSC for appointment on Shaheed Claim Basis. The case of the petitioner is similar to the nine persons who have been appointed as A.S.-Is. on Shaheed Claim Basis: On the same principle the petitioner is also entitled for relaxation of Rules and to be appointed as A.S.-I. This writ petition is, therefore, accepted.

H.B.T./M-58/L Petition accepted.

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