UBAID KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA arts — 2024 PLC(CS) 1378 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

UBAID KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA arts. 189 & 199---Police Force in Khyber Pakhtunkhwa---Out of turn promotions---Implementation of judgments of Supreme Court qua out of turn promotion in cases of accelerated promotions in the Province of Khyber Pakhtunkhwa---Out of turn promotion and accelerated promotion---Distinction---Withdrawal of accelerated promotion given to the petitioners as incentives in pursuance of statutory law---Legality---Contention of the petitioners was that since history and background for grant of accelerated promotion was different from out of turn promotion, therefore, accelerated promotion could not be equated with out of turn promotion---Validity---Decisions/orders showed that respondents intended to implement the judgments of the Supreme Court without peeping into the background and without analyzing the situations in which the out of turn promotions were given to the police personnel of the other two Provinces and the accelerated positions secured by the police officials/officers performing their duties in the Province of Khyber Pakhtunkhwa---Proceeding against the petitioners by the respondents through the impugned decisions/orders by looking at the case issue superficially instead of resolving the same with deep thoughts and in a probing manner and without having a look at the history and background of both the situations would not be a fair step as they were holding the accelerated positions since long which had come to them through a merit based laid down criteria and in a structured manner and not for any braveness---Supreme Court has repeatedly declared out of turn promotions as illegal by directing the Provincial Governments to streamline policy relating to the grant of out of turn promotions but uptill now the Government of Khyber Pakhtunkhwa had not taken any step in that direction---Indecisiveness and the lethargic conduct of the Government to this effect was very lamentable which had created chaos and caused unrest in the entire Police Force of the Province which situation could not be countenanced---Constitution petition was disposed of accordingly.

UBAID KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA arts — 2024 PLC(CS) 1378 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2024 PLC