Out-of-turn promotion: PHC classify petitions into eight categories

Humayun Khan
PESHAWAR: Peshawar High Court (PHC) has issued detailed judgment in out-of-turn promotion in police by categorizing the petitions into eight groups while declared the promotion of Cadet and Instructors in accordance with the law while Gallantry upgradation and Chief Secretary Standing Orders null and void.
The petitioners categorized as per nature of their elevation including legally promoted, illegal promotions, remand-back to the department, elevation for trainings on extra seats, posting/transfers of officers from other provinces and incorporation Class-IV employees as constable.
The judgement was authored by Justice Ijaz Anwar while Justice SM Attique Shah was also part of hearing because the petition was place before PHC’s divisional bench for hearing. The police officers who were declared as Cadet and Cadet Instructors pursuant to the provisions of police Rules and duly protected under the Khyber Pakhtunkhwa Validation of Standing Orders Act 2005, they are not hit by the judgement of Supreme Court relating to out of turn promotions and as such demotion orders.
However, the petitioners obtained promotion on gallantry acts are illegal or hit by judgement of Supreme Court. All such upgradation made on gallantry account or allegedly as they stood fast in the performance of duties during the wave of terrorism are not protected and all such writs are dismissed.
The elevation of cadets declared as legal while Gallantry promotions were decided as illegal. However, women officers case remand backed to department regarding elevation for trainings. The cases of women police officers send for courses and allowed promotions are remitted back to the respondent (police) department to reconsider their position in terms of Supreme Court of Pakistan decision.
Moreover, PHC has accepted elevation procedure of police’s officers for training on extra seats as well as transfers and postings from other provinces. Police officers nominated for training on additional seats are considered as not hit by the SCP’s judgement and as such, their writ petitions are allowed and the impugned orders of demotion is set aside.
However, officers transferred from other provinces and absorbed in Khyber Pakhtunkhwa police or transferred from other provinces and absorbed within the same police from other cadre are also considered to be in accordance with law and not hit by SCP’s decision and the impugned repatriation orders are set-aside.
PHC has also remand-backed incorporation Class-IV employees as constables to the department. The cases of absorption of Class-IV employees against the post of constables are disposed of and their cases are remitted back to the department to reconsider its decision in accordance with detailed reasons given in the judgement. PHC’s divisional bench comprised of Justice Ijaz Anwar and Justice SM Attique Shah dispose of Contempt of Court (COC) petitions as well as Chief Secretary Khyber Pakhtunkhwa’s orders as null& void in the detailed judgment.