Promotion to the post of Sub-Inspectors

Citation Name : 2018 PLC(CS)N 155 HIGH-COURT-AZAD-KASHMIR
Side Appellant : MUHAMMAD IDREES KHAN
Side Opponent : AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR
R. 13 (2) (10)---Appointment of Assistant Sub-Inspectors of Police against the quota of respective units---Promotion to the post of Sub-Inspectors---seniority , determination of---Procedure---Seeking amendment in the Police Rules, 1934---Scope---Order passed against the Rules---Implementation of---Appointments as Assistant Sub-Inspectors were made against the quota of their respective units---Inspector General of Police issued order that seniority of newly recruited Assistant Sub-Inspectors should be determined on the basis of order of merit issued by the Public Service Commission---Department issued seniority list of Assistant Sub-Inspectors on the basis of region in accordance with the order of merit issued by Public Service Commission---Contention of petitioners-employees was that issuance of seniority list of Assistant Sub-Inspectors on the basis of region was against the law---Validity---Short duration promotion to the post of Sub-Inspectors was to be made within district concerned and promotion for long duration be made from any eligible persons in the range---Single seniority list could not be prepared for different regions---No illegality or irregularity had been committed by the department while preparing separate seniority lists region-wise---Government had sole prerogative to amend Police Rules, 1934---High Court could not interfere in the business of Government---Rules could not be amended on the choice of a person---High Court could only issue directions for amendment in the Rules if same were in conflict with Constitution, parent Act or violative of Fundamental Rules---Mere on the request of petitioner no writ could be issued for amendment in the Rules---No direction could be issued for implementation of order of Inspector General of Police being violative of Police Rules, 1934---seniority of Assistant Sub-Inspectors was to be prepared by Deputy Inspector General of the range region-wise---Any standing order contrary to service rules issued by the Authority who had no jurisdictional competence to frame rules could not have a force of rules---Order of Inspector General of Police was not implementable in circumstances---Writ petition was dismissed in circumstances.

Citation Name : 2018 PLC(CS)N 154 HIGH-COURT-AZAD-KASHMIR
Side Appellant : Raja SHAFAAT SADIQ
Side Opponent : AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR
Chap. XIII, R. 13.7---Constables of Reserve Police---Lower School and Selection Commander Course---Petitioners sought direction for nomination for the course---Standing Order---Scope---Inspector General of Police issued Standing Order declaring Lower School Course equal to Selection Commander Course---Contention of employees was that the Standing Order was contrary to R.13.7 of Police Rules, 1934---Validity---Lower School Course was considered for further promotion and enhancing the capability of the Police---Rule 13.7 of Police Rules, 1934 did not mention anything about Selection Commander Course---Declaring both the courses as equal and practically close the participation of employees in Lower School Course was neither justified nor in accordance with law---Selection Commander Course could not be substituted for Lower School Course which had its own parameters, necessity and importance for police in discharging its duties---Previously eligible employees of reserve police were being sent for Lower Class Course/Intermediate Course but for the last four years the employees had not been deputed for the said course---Selection Commander/Platoon Commander Course did not involve any literary activities and same might improve striking duty of employees but not better for those who were performing their duties at police station/choki---Standing Order could not be issued against the Rules---Authority could pass order for the advancement and implementation of Rules but not to make any such Rule redundant or irrelevant---Departmental statutory rules had supported the claim of petitioners-employees---Selection Commander Course might enhance the capabilities of employee of reserve/rangers police which could be conducted additionally for making them more efficient and punctilious---High Court declared the Standing Order as ultra-vires and against the Rules---High Court could only issue direction if any policy matter/Standing Order was passed against departmental statutory rules and Azad Jammu and Kashmir Interim Constitution Act, 1974---Present decision/policy matter/Standing Order had no statutory backing which could not be a substitute of existing Rules prevailing in the field---Employees had passed examinations of B-1 and most of them were qualified Selection Commander Course---Impugned standing order was not implementable to disallow the employees to conduct the Lower School Course---Any Standing Order contrary to Service Rules issued by the Authority who had no jurisdictional competence to make policy could not be declared as a substitute of the Rules---Impugned standing order was set aside and department was directed to nominate the employees on the basis of seniority and suitability for Lower School Course subject to availability of seats in the concerned institution---Writ petition was allowed in circumstances.