Malik MUHAMMAD NAVEED vs GOVERNMENT OF KHYBER PAKHTUNKHWA Ss — 2021 PLC(CS) 855 PESHAWAR-HIGH-COURT

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Malik MUHAMMAD NAVEED VS GOVERNMENT OF KHYBER PAKHTUNKHWA Ss.2-a, 3 & 5---Constitution of Pakistan, arts.2-a, 4 & 25---Notification vide SO (Budget)HD/15-29/2016 Vol-II dated 08-04-2020--Regularization of constables appointed on contract basis in Special Police Force---Scope---Equal treatment---Petitioner (constable) was reinstated into service from the date of his dismissal, however, vide impugned notification ,his name was omitted and replaced by another person who was at lower number than the petitioner in the list---Department contended that the petitioner was not in service at the time of issuance of impugned notification and thus was not entitled for regularization---Contention of the petitioner was that as he was reinstated into service, so Department had violated his vested rights by not including his name in the list for the regularized employees---Held, that 94 Special Police Officers (SPO) were, admittedly, regularized vide Notification (dated 08-04-2020)---Said Notification was issued in pursuance of the provisions contained in Ss.3 & 5 of the Khyber Pakhtunkhwa Special Police Officers ( Regularization of Services) act, 2019) ('the act 2019') after the recommendation of Provincial Police Officer and the approval of provincial cabinet and concerned department---Petitioner was appointed as constable (Special Police Force) however, he was discharged from service on the basis of allegation leveled against him to be involved in notorious activities---Petitioner filed appeal and during proceedings it was found that the allegation leveled against him did not warrant an extreme action of dismissal from service ---Petitioner was finally re-instated into service from date of his dismissal---Petitioner was claiming equal treatment as the other SPOs had been regularized---Plea of the Department was ill-founded and without force as the date when the impugned notification was issued , the petitioner was being proceeded departmentally under disciplinary proceedings and his fate had not been determined yet---Department could not, thus, decide at their ends that the petitioner was not in service---Impugned notification was issued in the intervening period of dismissal and reinstatement of the petitioner, when the guilt of the petitioner was tested departmentally and ultimately he earned exoneration which led that he was in service right from the date of his dismissal---Exoneration of the petitioner fetched him the benefits of notification-in-question and had made the plea of the respondents as unfounded---No distinction existed between the petitioner and those who stood regularized under the act, 2019 and he deserved the same treatment---Petitioner had succeeded in making out a case for indulgence of the High Court---High Court directed the Department to regularize the services of the petitioner as Constable Special Force under the Khyber Pakhtunkhwa Special Police Officers (Regularization of Services) act, 2019, right from the date of issuance of Notification dated 08-04-2020---Constitutional petition was allowed, in circumstances.

Malik MUHAMMAD NAVEED vs GOVERNMENT OF KHYBER PAKHTUNKHWA Ss — 2021 PLC(CS) 855 PESHAWAR-HIGH-COURT

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