Sardar ZAFAR IQBAL DOGAR Versus SECRETARY OF THE GOVERNEMNT OF THE PUNJAB HOME DEPARTMENT, LAHORE

FAZAL-E-MIRAN CHAUHAN, J- --This judgment shall dispose of writ petition No.2451 of 2003 filed by the petitioner seeking a direction to the respondents to comply with their own recommendations and orders and to implement the same by giving one step promotion to the petitioner to the rank of D.S.P. from the date of orders passed by the competent authority.

2. Brief facts of the case are that the petitioner was recruited as A.S.I. in Punjab Police on 11-6-1988. He remained posted in different police stations. Due to his hard work petitioner earned promotion as Sub Inspector on 1-2-1994, and was confirmed on 14-3-1998. Thereafter, due to length of service, the petitioner's case of promotion as Inspector also ripped but, the same was postponed for one reason or the other.

3. The D.I.G. Punjab (Respondent No.2) constituted a team to combat with terrorists in the area of Vehari. Similar teams were also constituted in other ranges too. The petitioner, keeping in view his meritorious service rendered in police department was made member of that team vide letter dated 6-9-2001. It was made clear that, any member of the team who succeeded to arrest any out of nine icon, criminals mentioned in the letter shall be given one stop promotion in recognition of extraordinary bravery display, and shall also be awarded 20% of head money. Para No.8 of the letter is reproduced as follows:--

"The police officials actually involved in arrest of above stated P.Os by display of extra ordinary bravery will be given out of turn promotion in addition to 20% of head money. This be given wide publicity."

4. That the petitioner in obedience of the orders of his superiors, while performing of his duty, diligently and bravely, arrested Fayyaz Ahmad Tarrar, who was a known terrorist and had created a terror in the area and the Government of the Punjab had fixed Rs.500,000 his head money. The I.G. Punjab in recognition of services of the petitioner and other colleagues gave one step promotion to the petitioner. He was decorated as Inspector of Police, whereas, the District Police Officer, Vehari vide order dated 17-4-2002 and by letter No.12323-271 of even date gave the promotion to as many as seven constables and they were made as Head Constables. The promotion of the petitioner was celebrated while affixing the batches by the Governor of the Province of Punjab. The one step promotion awarded to the petitioner was made subject to compete with the other colleagues keeping in view of their seniority. The D.I.G. Multan range Multan, vide letter dated 14-9-2002 made a recommendation to the Inspector General of Police to the effect that one step out of turn promotion given to the petitioner is in derogation of letter issued dated 6-9-2001 by the I.G. Police, while making the promotion of the-petitioner subject to compete with his other senior colleagues for admission of their names to promotion list 'F' as per seniority and their seniors will regain their seniority over them on promotion. However respondent No.2 (LG. Punjab) vide his letter dated 2-11-2002 cancelled office order dated 13-8-2002 and fresh order was passed declaring that names of the petitioner and one other are admitted to promotion list 'F' and promoted to the rank of Inspector w.e.f. 13-8-2002 on out of turn basis in recognition of their out standing performance for arrest of sectarian terrorist Fayyaz Tarrar.

5. The petitioner continued combating with the terrorists as being the member of the said team, when an occurrence took place in October, 2000, in which eight terrorist entered into the compound of Church at Bahawalpur and killed as many as 16 Christians when they were busy in performing their religious ceremonies. The petitioner along with his team members on 23-7-2003 arrested as many as four terrorists involved in the aforesaid incident. Head money of Rs.20,00,000 was announced by the Governor of Punjab for collecting information and effecting the arrest of the terrorists and the same was defrayed to the petitioner and others. The petitioner 'also arrested Abdullah Sheraz and Muhammad Waseem. During this, Governor of the Punjab ordered that if Riaz alias Riaza Rath is arrested by any police officer, he shall be awarded one step promotion. The names of petitioner and other was recommended for grant of award vide his letter dated 29-8-2002 to the effect that the petitioner and other are awarded President Police Medal for their gallantry actions to break down the design of the terrorists in the southern area of the Punjab. The recommendations of the D.I.G. were forwarded to Cabinet Division for formal process.

6. In compliance of the order of the I.G. and D.I.G. Vehari as many as 13 constables were promoted to the ranks of Head Constables. Again one Ijaz Shafi, Inspector Police was awarded one step promotion on the basis of out of turn promotion as D.S.P. by the Governor himself. One Naveed Akram Inspector Police was also promoted as D.S.P. on the basis of out of turn promotion. The petitioner made number of representations to respondent No.2 but the same remained unattended and the grievance of the petitioner was not adhered to; the petitioner was discriminated which act is not approved and warranted under the law.

7. It is argued by the learned counsel that petitioner claims out of turn promotion on the basis of his outstanding performance as a member of the team constituted to combat with terrorists, who had created the worst law and order situation in the area, as had been promised by the I.G. Punjab. Further argued that petitioner has been discriminated and the constitutional right guaranteed by Article 25 of the Constitution of Pakistan, 1973, petitioner is entitled to be treated alike in the similar circumstances situation. The respondents had not complied with the aforesaid proposition, which is a clear violation of Article 25 of the Constitution. As per Section 8-A of the Punjab Civil Servants Act, 1974, the petitioner, to seek out of turn promotion, had to exhibit, exemplary, intellectual, moral and financial integrity and high standard of honesty and to give extraordinary performance in the discharge of his duties.

8. The recommendation of the petitioner for one step promotion has been made by all the concerned. Non classification is permissible unless, it is founded on reasonable basis particularly when the other two members of similar team have been given one step promotion to the rank of Deputy Superintendent of Police on the basis of out of turn promotion and the petitioner had been ignored. The petitioner cannot be denied his right nor can be meted out with discrimination, as it is not enshrined in the Constitution of Islamic Republic of Pakistan, 1973, that, the classification which is arbitrary and is not founded on any reasonable basis is no classification at all and the same cannot be permitted as to warrant its exclusion from mischief of Article 25 of the Constitution. The petitioner seeks out of turn promotion only on exhibit exemplary, intellectual, moral and financial integrity and high standard of honesty and on the basis of extraordinary performance in the discharge of his duties. Nothing is shown on record that the petitioner is a dishonest person,, and has performed his duties inefficiently, rather his case has been recommended by the superior but he has been deprived of by respondents. Further prays that writ petition be accepted, and the respondents be directed to issue and to comply with their own recommendations and orders, and shall award one step promotion to the petitioner to the rank of Deputy Superintendent of Police from the date of the orders passed by the competent authority.

9. The learned A.A.-G. appearing on behalf of respondents contended that the matter pertains to the terms and conditions of the service of the petitioner and the same is to be decided exclusively by the Federal Service Tribunal. Relying on 1997 PLC (S.C.) 432, argues that this Court has no jurisdiction to entertain this writ petition. He further argued that it has been held by this Hon'ble Court in writ petition 1623/-03 Muhammad Arif's case that no official can claim accelerated promotion when a Ban has been imposed by the Government of Punjab on out of turn promotion vide notification dated 4-4-2000. The petitioner was promoted on 25-11-2003, which was an out of turn promotion, and presently, he is working as Inspector. Further, submits that, his case was declined on the ground that earlier he was given promotion in 2002. Further argued that the offer was not made by the competent authority only Secretary, Home Department was competent to make offer. Since no offer was made by the competent authority, the request of the petitioner for out of turn promotion, was rightly refused. Further argued that on arresting Abdullah Sharaz and Muhammad Wasim by range dedicated team the case of Inspector Zafar Iqbal Doger for grant of out of turn promotion was considered by the high level Accelerated Promotion Committee, and it was decided after deliberated discussion that, promotion to the next rank would be quite pre-mature, as he was recently promoted as Inspector on out of turn basis on arrest of sectarian terrorist, however, keeping in view his performance he was granted following benefits which are quite sufficient for his encouragement.

1. Commendation Certificate by Governor Punjab.

2. Cash Reward of Rs.1,00,000.

3. Gallantry medal of PPM coupled with Rs.2 lac as per notification dated 15-10-2002.

The petitioner has no case for out of turn promotion, as sufficient benefits have already been given for his encouragements while, keeping in view his contribution in War against terrorism. Moreover the Government of the Punjab vide notification dated 4-4-2000 had imposed ban that no case of out of turn promotion will be considered in future. The petition in hand has no merits which may be dismissed.

10. The perusal of parawise comments submitted by the D.I.G., Multan Range Multan (respondent No.3) shows that except paras 12 and 18 of the writ petition all other paras narrating facts and the gallantry role played by the petitioner in the arrest of accused involved in Bahawalpur Church. It is also admitted by the said respondent that the petitioner arrested Abdullah Sheraz and Muhammad Waseem out of nine terrorist for whose arrest one step promotion was announced. It is also admitted that one step promotion was given by the D.P.O. Vehari to the constables to the rank of Head Constable in recognition of their devotion to duty and extraordinary courage displayed by them in the arrest of sectarian out laws. While relying para. 13 of the writ petition it is stated by him that it was beyond his authority to grant one step promotion to Inspector (petitioner), which reply supports the case of the petitioner.

11. In the reply filed by the A.I.G./Legal on behalf of respondent No.2, I.G. Punjab that, the role of the petitioner in the arrest of Abdul Sheraz and Muhammad Waseem is not denied. It is also admitted that his name was recommended by the D.I.G. Multan Range vide letter dated 29-8-2002 for out of turn promotion as D.S.P. However, it is pleaded that his case was considered by the high level Accelerated Promotion Committee and it was decided that his promotion to next rank is quite premature as he was recently promoted as Inspector on out of turn promotion basis on arrest of sectarian terrorist and to allow promotion to the next rank on arrest of each identified sectarian terrorist would be absolutely unjustified. However, keeping in view his performance he was granted benefits which are quite sufficient for his encouragements. While replying para. 11, it is also admitted that application of the petitioner for one step promotion, recommended by the Chief Minister Secretariat and Home Department, Government of Punjab were received by the. respondents and were consigned to record and reference is made to the case of one Muhammad Arif (A.S.I.) decided on 27-5-2002 that "no officer can claim accelerated promotion as of right, not only because of the ban but also on account of the decision of the Committee."

12. No objection to the jurisdiction of this Court was taken in the reply by both respondents Nos.2 and 3.

13. I have given my anxious consideration to the contentions to the learned counsel for the parties. It is an admitted fact that the petitioner remained continued to be member of the team constituted by the Deputy of Inspector-General of Police, Multan Range, to combat with terrorists. He being member of specially constituted team to arrest four terrorists on 23-7-2002, involved in the killing of 16 Christians in the compound of Church at Bahawalpur City. The Governor of the Punjab announced an amount of Rs.20,00,000 to be given as award to the members of the team in recognition of their brave act and putting their lives in danger showing dedication and courage in the performance of his duty and for protecting the life of the citizens. The petitioner also arrested Abdullah Sheraz and Muhammad Waseem, out of nine terrorists. Again one step promotion was announced by the Governor of Punjab if Riaz alias Roth is arrested. Respondent No.2 had not denied the assertion made in the writ petition except paras. 9 and 12 of the writ petition. It is admitted that Ijaz Shall, Inspector was promoted to the rank of D.S.P. by Governor of Punjab awarding one step promotion on the basis of out of turn promotion. Inspector Naveed Akram was also awarded one step out of turn promotion in recognition .of his gallantry acts against terrorist while putting his life in danger to the post of DSP. Similarly there are several examples that in the near past, the respondent I.G. Police Punjab promoted many police officers to the rank of S.P. D.S.P., Inspector and Head Constable under Section 8-A of the Punjab Civil Servants Act, 1974. Then there are number of cases where such promotion was illegally denied by the respondents and this Court after accepting the writ petition directed the respondents to grant one step out of turn promotion to the writ petitioner. For instant (1) Case of Rana Shahid Parvaiz v. Government of Punjab Writ Petition No.16780/2004 decided on 18-2-2005 (2) Muhammad Umar Virk's case Writ Petition No.17232/97 decided on 7-6-2000 (3) Shahid Pervaiz v. Government of Punjab Writ Petition No.28879/97 decided on 22-6-1999 (4) Syed Safeer Hussain Shah v. Chief Secretary reported as 2003 PLC (C.S.) 689.

14. It may be mentioned here, that out of turn promotion is envisaged by Section 8-A of the Punjab Civil Servants Act, 1974. The contention of learned A.A.-G that jurisdiction of this Court is barred under Article 212 of the Constitution is devoid of any force as the petitioner in this case is not claiming promotion on merit-cum-seniority, but is claiming the same in recognition of his extraordinary performance in the gallantry encounter to arrest proclaimed terrorist, while putting his life in a grave danger and he also continued to remain on the hit list of the terrorists. A reference may be made to Civil Petition for leave to Appeal ' No.1446-L/97 decided on 18-4-1998, in which the Hon'ble Supreme Court of Pakistan was pleased to up-hold the judgment of the Lahore High Court dated 24-9-1997 passed in Writ Petition No.2445/95 directing that petitioner in that case be granted one step out of turn promotion reliance can also be placed upon the judgment of this Court in Writ Petition No.2445/95 dated 3-12-1996, in which it was observed that Section 8-A of the Punjab Civil Servants Act, 1974 caters for out of turn promotion as reward in recognition of the gallantry. It is also admitted fact that the other members of the team were granted one step promotion, therefore, the action of the petitioner is in violation of D Section 25 of the Constitution as the principle laid down by the Hon'ble Supreme Court of Pakistan in I.A. Shervani's case reported as 1981 SCMR 1041.

In view of what has been discussed above, this writ petition is allowed, respondents are directed to issue formal Notification of the promotion of the petitioner as Deputy Superintendent Police. No order as to costs.

F.M./Z-139/L ????????????????????????????????????????????????????????????????????????????????????? Petition accepted.