REGIONAL POLICE OFFICER GUJRANWALA and another vs EJAZ AHMAD and others
This matter involves a challenge by the Regional Police Officer, Gujranwala, against an impugned judgment that granted ante-dated seniority to the respondents. The core legal question addressed is whether civil servants or police personnel are entitled to out-of-turn promotions based on gallantry awards or other grounds, and whether ante-dated seniority is permissible. Relying on established precedents, the Supreme Court held that out-of-turn promotions and the granting of ante-dated seniority are unconstitutional and ultra vires the fundamental rights of other civil servants. The Court set aside the impugned judgment and directed the Punjab Government to undo all such out-of-turn promotions and re-fix the seniority of the affected personnel in accordance with their batch mates within four weeks. The Court emphasized that this directive applies to all ranks from Constable to gazetted officers and mandated that the Inspector General of Police, Punjab, the Home Secretary, Punjab, and the Chief Secretary, Punjab, ensure compliance, warning that failure to do so would result in contempt proceedings.
- Are civil servants or police personnel entitled to out-of-turn promotions based on gallantry awards?
- Is the grant of ante-dated seniority to civil servants constitutional?
- What is the consequence for failing to implement court directions regarding the re-fixing of seniority for police personnel?
ORDER
' AMIR RANI MUSLIM, J.--- The issue raised in these proceedings have already been answered by the judgments of this Court reported as Contempt Proceedings Against Chief Secretary Sindh (2013 SCM R 1752) and All Azhar Khan Baloch v. Province of Sindh (2015 SCM R 456). It has been declared in the aforesaid judgment that no Police Personnel and or Civil Servant is entitled to out of turn promotion on account of gallantry award or otherwise. It has further declared that ante dated seniority to a Civil Servant is violation "of the law.
2. Through the impugned judgment, the Regional Police Officer has challenged the anti-date seniority granted to the Respondents, which has been dealt with in depth in the aforesaid judgments and has been declared to be unconstitutional and ultra vires of the fundamental rights of the Civil Servants. We, therefore, set aside the impugned judgment, in terms of the law enunciated in the aforesaid judgments, and allow the Appeal.
3. The learned Additional Advocate General, Punjab, states that the Punjab Government has started implementing judgments of this Court reported as Contempt Proceedings Against Chief Secretary Sindh (2013 SCM R 1752) and Ali Azhar Khan Baloch v. Province of Sindh (2015 SCM R 456) and till date substantial portion of seniority of the Police personnel has been re-fixed. We must record our displeasure over the inaction on the part of the Punjab Government for the directions issued by this Court in 2013 and 2015. We expect that all the out of turn promotions granted either to the police personnel on gallantry award or otherwise shall be undone within four weeks from today and their seniority be re-fixed with their batch mates in terms of the directions contained in the aforesaid judgments. Out of turn promotions ranging from Constable to any gazetted officers shall be streamlined in terms of the aforesaid two judgments. On completion of the exercise, the I.G Police Punjab, Home Secretary, Punjab and Chief Secretary, Punjab, shall submit compliance report with the Assistant Registrar of this Court for our perusal in Chambers. This order shall be communicated to the I.G., Punjab, Home Secretary, and Chief Secretary, Punjab, for their information and compliance and non-compliance of this judgment shall expose the concerned officials to contempt proceedings.
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