1. This petition is being disposed of as a pace case.
2. 2.The brief facts of the instant petition are that the petitioners were recruited as police constables and after getting their training were posted as such in District Multan.
3. 3.Abdul Ghaffar petitioner No.1 .And Muhammad Amin petitioner No.2 were posted as gunmen of the S.S.P., Multan in the year 1995, when on 19-2-1995 they- were accompanying the S.S.P., Multan and were going to S. S. P. Office, Multan after the city round, they under the guidance/supervision and command of S.S.P., Multan during an encounter which took place at Muslim Commercial Bank.
4. Nishtar Chowk. Multan killed to dacoits at the spot and also arrested the third dacoit. Thus, the petitioners caused resistance and saved the Bank robber by putting their lives at risk and thus displayed outstanding colours and in recognition of gallantry and an extremely outstanding performance of petitioners Nos.1 and 2 during the encounter, S.S.R, Multan vide order dated 21-2- 1995 admitted them into promotion list B/1, out of turn, as a step towards promotion as Head Constables with immediate effect. As the petitions were promoted in list B/1, thus the S.S.P., Multan promoted theta as Head Constables in recognition of their outstanding performance during the said encounter dated 19-2-1995. This was done vide order dated 27-2-1995.
5. 4.Similarly name of petitioner No.3 i.e. Aslam Masih Constable No.2265 was also included in list B/1 vide order of the S.S.P. Multan dated 14-5-1995 in recognition of his excellent performance and meritorious service extended in case F.I.R. 117 of 1995, dated 23-4-1995 under section 392, P.P.C.
6. Police Station Chehiyak, Multan while he was posted there as constable and saved a -bank robbery by way of putting his life in danger.
7. 5.The name of petitioner No.4 i.e. Amjad Saleem Constable No. 1986 was also included in promotion list B/1. He was promoted as Head Constable with immediate effect vide order dated 20-4-1995 in recognition of his excellent performance and meritorious services rendered in an encounter by police with Bugti Tribes in the jurisdiction of Police Station New Multan.
8. 6.Grievance of the petitioners is that since they were given out of turn promotion for their outstanding performance on different occasions, therefore, they were exempted to take examination and qualify the same for being enlisted in list B/1 of District Multan. However, the S.S.P., Multan had conducted such examination in the year 1995, the petitioners did not appear in this examination due to the orders passed in their favour by the S.S.P., Multan on various dates. On 27- 3-1996, the D.I.-G., Multan has declined the approval of entry of the petitioners in list B/1, out of turn promotion, as Head Constables on the sole ground that in view of Rule 13.1 of the Police Rules they can only be promoted on the criteria of seniority-- cum-fitness and as no rule exists for accelerated out of turn promotion/confirmation, therefore, the petitioners could not avail out of turn promotion. Vide order dated 27-3-1996 petitioners' names were also deleted from list B/1. They have challenged order dated 27-3-1996 passed by the D.I.-G., Multan declining their promotion as well as deleting the names from the promotion list B.1 of District Multan through the instant writ petition.
9. 7.Learned counsel for the petitioners has placed before this Court Letter No. SE.II/1271-1341, dated 3- 4-1997 captioned as "Promotion as reward". This letter being relevant for the sake of convenience is reproduced below:-- "whenever a Police Officer is found to have achieved outstanding, results in the field of crime prevention and , detection, arrest of notorious proclaimed offenders, extraordinary recovery, of illicit arts/drugs or any other, remarkable feat, in the above fields, 1le,may be considered for grant of accelerated promotion., This could be in the form of admission of his name to a promotion list; placing of his name on probation confirmation in existing rank or promotion to the next officiating rank, depending on the standard and quality of his performance. However, all such cases, after due scrutiny and verification by the District S.P./Range D.I.-G. Would be forwarded to this office for final approval. Only thereafter would the competent Authority pass final orders for the accelerated/out of turn promotion proposed to be granted. Under no circumstances would any such promotion be granted without prior approval by the inspector-General of Police, Punjab."
10. 8.Learned counsel for petitioners has also placed on record memorandum dated 10-4-1997 in the case of police officers who were seriously injured as a result of bomb explosion in the Sessions Court premises on 18-1-1997 who were deployed on escort duty at the the of appearance of prominent/Sipah-a-Sahaba leaders Maulana Zia-ur-Rehman Farooqi and Maulana Azam Tariq in Sessions Court, Lahore. Relevant para. 5 of this memorandum follows as under:-- "Keeping in view, gravity of the situation, serious injuries received by the Police Officers and prevailing uncertain condition amongst the force, I.-G.P. Took immediate decision at the spot to boost up the morale of the police announcing a relief for them in the shape of promotion. However, they were given only relief to the extent of temporary promotion without disturbing seniority of their seniors. "
11. Vide this Memorandum the Deputy Inspector-General of Police, Lahore Range, Lahore recommended out of turn promotion to the police officers who were seriously injured as a result of bomb explosion in the Sessions Court, Lahore It was further argued that the enlistment of petitioners' names in the list B/ I was a step towards promotion and they were upgraded vide orders dated 21-2-1995, 14-5-1995 and 20-4-1995 and they have performed their duties as Head Constables for more than one year and the order dated 27-3-1996 for removal of the names of the petitioners from list B/ I is completely arbitrary, void and without lawful authority as they were condemned unheard.
12. 9.Mushtaq Ahmad Inspector Legal on behalf of respondents Nos. l and 2 has referred Police Rules 13.1 where the criteria for promotion in the seniority-cum-fitness and there is no rule for accelerated out of turn promotion/confirmation.
13. 10.It is on record that vide Memo. No. 5973/76, dated 28-1-1997 Constable Saeed Ahmad No., 2093 was promoted to the rank of Head Constable with immediate effect. S.S.P., Multan issued orders for his promotion with the verbal approval of the Inspector-General of Police, Punjab, Lahore.
14. 11.Likewise Head Constable Muhammad Ashraf No. 5532 and Head Constable Saqlain Gondal No. 303 with the approval of the D.I.-G., Lahore Range were promoted to the post of A.S.I. By the S.S.P., Lahore.
15. 12.Learned counsel for the petitioners has also placed on record copy of Memo. No. 3503/EC, dated 23-1-1997 by which the S.S.P., Lahore with the approval of the D.I.-G., Lahore approved/promoted 11 following A.S.Is./T. A.S.Is. As they sustained serious injuries in bomb blast in Sessions Court, Lahore on 18-1-1997 while performing their official duties: (1)A.S. I. Muhammad Iqbal 668/L (2)A.S. I. Khushi Muhammad 249/L (3)A.S. I. Muhammad Akhtar 686/L (4)A.S.1 Muhammad Ashraf 572/L (5)A.S.I. Muhammad Ansar 1215/L (6)A.S.I. Muhammad Saleem Akhtar 1375/L (7)A.S.I. Munir Ahmad 3402/L (8)T/A.S.I. Ayyaz Ahmad S/o Niaz Ahmad (9)T/A.S.I. Abdul Majeed S/o Abdul Rehman (10)T/A.S.I. Muhammad Awais S/o Muhammad Ashraf (11)T/A.S.I. Mudassar Ullah Khan S/o Hamid Ullah.
16. The above police officers were confirmed in the same rank and further promoted to the rank of S.I.
17. Out of turn as they received injuries while performing their official duty. He has also placed on record copy of Metric No.3822/EC, dated 26-1-1997 whereby six Head Constables of Lahore District namely Khadim Ali No.6611, Muhammad Ishaq No. 326'', Farman Ali No.7907, Ishtiaq Ahmad No.3573, Yasin No.9415 and Muhammad Akmal No. 9086 were confirmed m their present rank and promoted to the rank of ASI as they received injuries while performing their official duties.
18. 13.I have heard learned counsel for the petitioners and carefully perused all the recommendations, Police Rules as well as the record. It is clear that under rule 13.1 of the Police Rules the promotion of police officials will be based on general concept of seniority-cum-fitness but since the rules and regulations do exist whereby the police officials who sustained injuries and have shown bravery at critical times were awarded out of turn promotion and confirmation in their present post by the I.- G. Of Police. These instructions and rules have been implemented carrying force of law behind them in order to boost courage of the police force. The petitioners cannot be discriminated for not availing the reward as per policy and instructions made by the police high-ups as he cannot differ and differentiate the at of police officer in one District and the at of the police officer in other District. Article 25 of the Constitution relates to the equality of the citizens of Pakistan. It says that all citizens are equal before law and are entitled to aqual protection of law.
19. 14.The respondent by virtue of order dated 27-3-1996 are not approving the entry of the petitioners in the list B/1 being out of turn promotion on the criteria seniority-cum-fitness and for neon- existence of the rules for accelerated/out of turn promotion and confirmation. It is very strange that after the deletion of the names of the petitioners, the S.S.P., Lahore as well as the I.-G. Of Police have given accelerated promotion/confirmation to the other police officials at different Districts. This Court being the Court of equity has to give equal protection of law to all citizens of Pakistan. If the respondents have given out of turn promotion as a reward to the police officials of different Districts and the object behind it is to boost up the morale of the police why this policy stands deviated by the police high-ups in respect of the petitioners who were also rewarded out I of turn promotion on the same premises by the S.S.P., Multan. The Inspector Legal, Police has, however, failed to convince this Court as to why on the same criteria accelerated promotion/confirmation is refused to the petitioners while the names were entered in the list B/1 for accelerated promotion/confirmation.
15. Therefore, the instant writ petition is accepted and the order dated 27-3-1996 passed by the respondent No.1 and all consequent orders passed by the respondent No.2 are hereby set aside.
20. 16.There shall be no order as to costs.