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 ASI. 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 ASI on "Shaheed's claim" basis. The same was recommended by Respondents No, 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, 2Q05 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, Muhail 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 ASI 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 ASI 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 alongwith 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 Rules 12.1 and nine posts of ASIs were taken out of purview of PPSC for appointment on Shaheed Claim Basis.
4. On the other hand it is contended by the learned AAG 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 ASI on Shaheed Claim Basis while accepting the position of Constable. It is further contended that after passing of Police Order, 2002 the appointment of ASI has come within the purview of Punjab Public Service Commission and the respondents are not empowered to make any appointment in the cadre of ASI.
5. Arguments heard and record perused. The petitioner from the very start had applied for the post of ASI 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 DIG, 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 ASI. After passing of F.A. examination by the petitioner the DPO, Khanewal recommended the case of petitioner for his petitioner as ASL Then the DIG, Multan Range, Multan vide Letter No, 37979/E-1 dated 13.11.2004 recommended the case or petitioner and said that his case had been considered and kept pending till the completion of his studies and coming to the age of 18 wars and then he had passed F.A. and applied for petitioner. as ASI on Shaheed Claim Basis. Subsequently, the case of petitioner was also recommended by the Chief Minister and the Prime Minister's Secretariat.
6. 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 ASI under Shaheed Claim Basis. Thus he is entitled for appointment to the said rank The question of waiver does net arise in the case in hand. The petitioner accepted the post of Constable on the assurance of respondents that he would be enlisted as ASI. The other question that after promulgation of Police Order 2002 for enlisting as ASI recommendation of PPSC is required, therefore, the appointment of petitioner cannot be made, it has been noticed from the Letter No, 11/12- 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 Rules 12.1 and nine posts of ASIs 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 ASIs on Shaheed Claim Basis.
On the same principle the petitioner is also entitled for relaxation of Rules and to be appointed as ASI. This writ petition is, therefore, accepted.