ASIF HANIF, SUB-INSPECTOR, POLICE LINES, SIALKOT vs DEPUTY INSPECTOR
This petition for leave to appeal challenged a judgment of the Lahore High Court, which had dismissed the petitioner's writ petition seeking implementation of a promotion order. The petitioner, a Sub-Inspector in the Punjab Police, claimed entitlement to promotion as an Inspector, citing a 1997 order issued by the Inspector General of Police that granted him promotion on grounds similar to a colleague, Raja Ghulam Abbas, who had been promoted following the Punjab Police Hockey Team's victory in the 1991 National Hockey Championship. The core legal question was whether the petitioner was entitled to the implementation of the promotion order and whether the failure to promote him constituted discrimination. The Supreme Court held that the petitioner's case was not comparable to that of Ghulam Abbas, as their roles—Assistant Manager versus Coach—were distinct, justifying different treatment. Consequently, the Court found no legal infirmity in the High Court's dismissal of the writ petition. The judgment affirms that claims of discrimination in service matters require a demonstration of parity in roles and circumstances, and that discretionary promotion orders based on distinct roles do not violate equality principles.
- Whether a claim of discrimination in promotion can be sustained where the roles of the employees are distinct?
- Does the principle of locus poenitentiae apply to the implementation of an unimplemented promotion order?
- Can a court interfere with service-related promotion decisions under Article 185(3) of the Constitution in the absence of a legal flaw?
- Article 185(3), Constitution of Islamic Republic of Pakistan 1973
' MIAN MUHAMMAD AJMAL, J.---Leave to appeal is sought against the judgment of Lahore High Court, Lahore, dated 16-10-2000, whereby Writ Petition No, 17736 of 2000 of the petitioner was dismissed.
2. Brief facts are that Punjab Police Hockey Team won National Hockey Championship held in Faisalabad in 1991 and the petitioner was Assistant Team Manager. Pursuant to the winning of the Championship cash awards were awarded to all the team members. Raja Ghulam Abbas, S.-I. Was also a member of the team who was promoted as Inspector as reward vide Notification, dated 24- 9-1991 but the petitioner was not treated similarly. The petitioner filed representation before the Inspector General of Police, Punjab, whereupon following order was passed on 14-3-1997:-- "I hereby promote S.-I. Asif Hanif as Inspector on the same grounds as has been the case of S.-I.
Ghulam Abbas."
' The aforesaid order of promotion of the petitioner was not implemented, as such, he filed Writ Petition No,17736 of 2000 before the Lahore High Court, Lahore and a learned Judge in Chambers vide his judgment, dated 16-10-2000, impugned herein dismissed the same.
3. We have heard the learned counsel for the parties and have perused the record with their assistance. The case of the petitioner is that the order, dated 14-3-1997 has not been implemented and he filed writ petition for obtaining an order for its implementation, hence principle of locus poenitentiae would not apply to him. Even otherwise the petitioner's case was not at par with Ghulam Abbas as the former was Assistant Manager while the latter was a Coach of the team, as such, the recommendation in case of Ghulam Abbas might have been on different grounds and it cannot be said to be discriminatory. Learned counsel for the petitioner has failed to point out any legal flaw or infirmity in the impugned judgment warranting interference by this Court under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973. A Consequently, finding no merit in this petition it is dismissed and leave refused.