1. ' The petitioners have filed the present proceedings with the following prayers:--
(a) Declare that the act of respondents avoiding to make payment of Honoraria and TA /DA to the petitioners is illegal, mala fide based on discrimination and without lawful authority.
(b) Direct the respondents to make payment of Honoraria, as provided under Article 45 of the Police Order, 2002 and TA/DA to the petitioners at the rate of Rs,5,000 per month from the date of their nomination/appointment as member of District Public Safety and Police Complaint Commission, Sukkur w.e.f, 5-8-2002 i.e, date of issue of Notification.
(c) Award cost of this petition.
(d) Grant any other relief in the circumstances of this case.
2. ' Notice was issued upon which, the Home Department has filed the comments, in which, it has been stated that the Rules, which were required to be framed in terms bf Article 45 of the Police Order, 2002, have not been framed till date. It is most unfortunate that more than four years have passed but the concerned agencies have not framed the rules. The Home Department in its comments has stated that it has moved the summary with the suggestion that the TA/DA to all members of DPS and PCC in Sindh be fixed at the rate of Rs,3000 per month per member along with arrears. According to the Home Department the matter is under process.
3. ' The learned A.G. Sindh states that he . Is not in a position to make positive statement as to when the rules in terms of section 45 of the Police Order, 2002 would be framed as these Rules are to be framed in consultation with the NRB.
4. ' In these circumstances, we direct the Sindh Government to frame the proposed rules in terms of Article 45 of the Police Order, 2002 and seek approval of the NRB within three months from today by sending it to NRB. In case the NRB fails to approve the proposed rules the same shall be published as if such rules were approved by the NRB. In the intervening period the petitioners and other members who are entitled to TA/DA may be disbursed amount of Rs,3000 as suggested by the Home Department in the proposed summary. The Home Department shall release the arrears and current amount of TA/DA to the petitioners and other members of the DPS and PCC forthwith.
5. ' The petitioner has expressed his satisfaction and does not press this petition, which is accordingly disposed of as not pressed. Copy of this order be sent to the Home Department and NRB for compliance.