MUHAMMAD QASIM KHAN, J. -- Through this writ petition, the petitioners have assailed the memorandum dated 26.09.2016 issued by Inspector General of Police, requiring all newly recruited USIs to report for Probationer Training Class Course at Police Training College; Sihala on 02.10.2016.
2. It is argued by learned 'counsel for the petitioners that they are working -in police department as ASIs. they completed their probation and other necessary courses as per rules the petitioners applied for the posts of Sub-Inspectors from in-service quota. They were selected by the Punjab Public Service Commission and were issued appointment letters. thereafter, they also joined their posting and now vide the impugned letter dated 26.09.2016 they have been directed to report for Probationer Training Class Course at Police Training College, Sihala on 02.10.2016. . The contention of learned counsel is that under Sub-Inspectors and Inspectors (Appointment and Conditions of Service) Rules, 2013, there are three types of appointments, as Sub-Inspectors, firstly 50% by initial recruitment through selection S on merit secondly a specific percentage by selection the merit from amongst the Head Constables and ASIs on the recommendations of the Commission and thirdly a specific percentage by departmental promotion on seniority-cum-fitness basis from amongst the ASIs from the functional, unit. The learned counsel contends that petitioner belong to second category as they are ASIs and having qualification applied for the post amongst ASIs, thus, their selection as Sub-inspectors could not be termed as new recruitment, rather their selection as Sub-Inspectors is in fact continuation of their earlier service and as they have already successfully completed their training courses, they could not be forced to join Probationer Training Class Course, as corn pared to newly 'recruited Sub-Inspectors. Adds that the Sub-Inspectors who 'are promoted on seniority-cum-fitness basis, they are never sent to such Probationer Training Class Course, on the ground that they have already completed such course and in Some cases when such Sub-Inspectors were called for such training, subsequently their orders were withdrawn, thus, the petitioners have been 'discriminated.
3. On the other hand, learned law officer argued that case of the present petitioners is, distinguishable from the ASIs who have been promoted as Sub-Inspectors. Added that there are three categories in the rules, 'first two categories are directly recruited for the post of Sub- Inspectors in which one is amongst the new candidates and secondly amongst the ASIs who fulfil the qualification criteria for appointment as Sub-Inspectors. Both these recruitments are through the process 'of Punjab Public Service Commission, hence, recruitment of the petitioners cannot be declared as promotion because this is fresh recruitment as Sub-Inspector and the petitioners are bound to pass the Probationer Training Class Course. The learned law officer also attacked maintainability of this writ petition on the ground that after joining as Sub-Inspectors the petitioners have become civil servants and Probationer Training Class Course being, part of terms and condition of service, this Court lacks jurisdiction to entertain this petition.
'While rebutting the above preliminary objection learned counsel for' the petitioners submits that since the petitioners have been recruited through Punjab Public Service Commission, therefore, the Probationer Training Class Course would not fall within the terms and conditions of their service and even otherwise, the jurisdiction of the -Punjab Service Tribunal becomes available when a final order is passed by the authority.
5. I have heard the arguments of learned counsel for the parties and perused the record.
6. Rule 2 of the Sub-Inspectors and Inspectors (Appointment and Conditions of Service) Rules, 2013 being the relevant provision, the same is reproduced hereunder:--- "2. Appointment of Sub-Inspectors.-- (1) Subject to the prior approval of the provincial Police Officer the appointing authority may, on the recommendation of the commissioner, appoint a person as Sub-Inspector. by initial recruitment or selection.
(2)Subject to the. prior approval of the Regional Police Officer, the appointing authority May,. on the recommendation of the departmental promotion committee, appoint an Assistant Sub- Inspector as Sub-Inspector.
The position has further been clarified in the schedule, Which shows that there are three types of appointments as Sub- Inspectors, firtly 50% by initial recruitment through selection on merit; secondly a specific percentage by selection on merit from amongst the Head Constables and ASIs on the recommendations of the Commission and thirdly a specific percentage by departmental promotion on seniority-cum-fitness basis from amongst The AS's from the functional unit. It comes out to be a fact that recruitment of the petitioners as Sub-Inpectors surely falls within second.. category i,e, appointment by selection amongst. ASIs.. through Public Service Commission is new recruitment of ASIs for all intents and purposes.
7. The requirement of probation period and prescribed examination or tests, has been provided in Rule 5 of the rules ibid. The same is reproduced as under ---
5. Probation of Sub-Inspectors.-- (1) A Sub- Inspectors appointed under rule 4 or by promotion shall be on probation for a period of three years.
(2)A Regional Police Officer may discharge from service a Sub-Inspector appointed by initial recruitment during the period of probation if the Sub-Inspector fails to pass the prescribed examinations or tests or fails to undertake or complete the requisite training or is deemed unsuitable for service in the police.
(3) A Regional Police Officer may revert to the previous post a Sub-Inspector appointed by selection or by promotion during the period of promotion if the Sub-Inspector fails to pass the prescribed examinations or tests or fails to undertake or complete requisite training or is deemed unsuitable for the post of Sub-Inspector."
As shall be seen from the above reproduced rules, after providing a period of three years as probation for the posts of Sub-Inspectors, the consequences of failure to complete such requisite training have been provided against both the categories i,e, initial recruitment as well as selection or promotion from in-service quota. In case Sub-Inspector who is appointed through initial selection fails, he shall be discharged from service whereas, in terms of sub-rule (3) the use of word "revert" clearly indicates that in case if Sub-Inspector from in-service quota fails to complete the above requirement, he shall stand revert to his previous post. Therefore, in any eventuality, either a direct/initial appointee or through in-service recruitment, it is compulsory to successfully go through the examination or the tests. Rule 19.25 of the Police Rules, 1934 also makes it mandatory to successfully go through the training courses.
8. In the same sequel it is observed that once the petitioners join as Sub-Inspectors they become civil servants and training course has been provided in the Police Rules itself. Furthermore, Section 5 of the Punjab Civil Servants Act, 1974 also provides "probation", as under:--- 5. Probation.--(1) An initial appointment to a service or post referred to in Section 4 not being an ad hoc appointment, shall be on such probation and for such period of probation as may be prescribed.
(2) Any appointment of a civil servant by promotion or transfer to a service or post may also be made on such probation and for such period of probation as may be prescribed.
(3) Where, in respect of any service or post, the satisfactory completion of probation includes the passing of a prescribed examination, test or course or successful completion of any training, a person appointed on probation to such service or post who, before the expiry of the original or extended period of his probation, has failed to pass such examination or test or to successfully complete the course or the training shall, except as may be prescribed otherwise.
(a) if he was appointed to such service or post by initial recruitment, be discharged; or
(b) if he was appointed to such service or post by promotion or transfer, be reverted to the service or post from which he was promoted or transferred and against which he holds a lien or, if there be no such service or post, be discharged."
By bare reading of above-referred section, especially subsection (3) it is established that all training courses are covered under the terms and conditions of a civil servant, which are applicable to newly recruited officers/officers even if they are on probation, hence, jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 to entertain such like petitions. is barred. The petitioners may approach the departmental hierarchy or the Punjab Service Tribunal. The Hon'ble Supreme Court of Pakistan in the case "I.A. Sharwani and others v.
Government of Pakistan through Secretary, Finance Division, Islamabad and others" (1991 SCM R 1041), held that.-- "We are inclined to hold that if a statutory rule or a notification adversely affects the terms and conditions of a civil servant, the same can be treated as an order in terms of sub-section (1) of Section 4 of the Act in order to file an appeal before the Service Tribunal."
In the same judgment it was further held that:--- "However, we may clarify that a civil servant cannot bye-pass the jurisdiction of the Service Tribunal by adding a ground of violation of the Fundamental Rights. The Service Tribunal will have jurisdiction in a case which is founded on the terms and conditions of the service even if it involves the question of violation of the Fundamental Rights."
9. For what has been discussed above the instant writ petition is held to be not maintainable and is dismissed accordingly.