2014 PLP (C (PLC(CS))

IKRAMULLAH KHAN, J.

Through the instant writ petition, petitioners have asked for as;

"To declare the act of the respondents as unlawful and illegal by not allowing the petitioners to join the Intermediate Training Course already commenced with effect from 1-1-2013 and to direct them to allow the petitioners to join the Intermediate Training Course at Police Training College/Centre, Hangu as per the letter No.20610-60/E-1 dated 1-10-1995, Standing Order No. 11/87, Standing Order No.7/2003 and Act IV of 2005 N.-W.F.P., (Khyber Pakhtunkhwa) Validation of Standing Order Act, 2005."

2. Both the petitioners are the employees of respondents serving therein the Police force/Department, presently at their job as ATS/Drill Instructor in PTC, Hangu.

3. Both the petitioners have already undergone Police Lower Training Course. In the year 2003, the Police Department, vide Standing Order No. 7 of 2003, which was validated by Act IV of 2005 (Validation of Standing Order Act, 2005) announced/declared thereof, some incentives for members of Police Force, who had secured higher marks in lower training Police course and voluntarily opt to join Police training collage as ATS/Drill Instructors, In pursuance of Standing Order, petitioners in expectation of those incentives opted to serve their in the PTC, Hangu as ATS/Drill Instructor and has served the collage in such capacity for the last more than 3 years, but respondents are reluctant to extend them the benefit to allow them to participate in the intermediate training course at PTC, Hangu, in compliance of the provisions of Standing Order No. 7 of 2003.

4. The respondents, though not controverted petitioners stance on factual side, however seek shelter thereunder Standing Order No.2 of 2012, wherein, all the PPOs were made competent authorities in this regard to permit or otherwise any Police official to join the Intermediate Training Course at PTC, Hangu, in view of the need that on account of Standing Order No.7 of 2003, seniority of various police cops were blatantly effected.

5. Both the learned counsel for the parties were heard and carefully gone through the record.

6. It would be not out of context herein, to give reference to the particular incentive promised thereunder the provisions of Article 1 of the Standing Order No. 7 of 2003 with heading of incentives as;

1. H.C. Instructors.

7. Constable undergoing the lower school course who pass amongst the first 5 in the class, will be qualified to serve as H.C. Instructors provided that they volunteer to serve in the training institute for 3 years, Immediately at the end of 3 years, if they have earned category "A" reports, they would be admitted to intermediate school course and there names placed on promotion list "D" as soon as they qualify the intermediate school course.

8. The above referred standing order was validated through Act IV of 2005 passed by the Provincial Assembly of N.-W.F.P. (now Khyber Pakhtunkhwa).

9. The respondents in order to bring some changes in the previously promulgated standing orders, particularly in regard to acquisition of various training course in PTC Hangu, a Standing Order No.2 of 2012 was promulgated, issued accordingly, whereby all the power of recruitment/selections to various training school at PTC; Hangu, by the Commandant PTC was abolished and DPOs were authorized to recruit/select candidates amongst their force within their respective Districts strictly in accordance with the Police rules. This notification has been given effect from 25-9-2012.

10. Both petitioners, have already completed their 3 years services as ATS/Drill Instructors prior to the promulgation/issuance of Notification of Standing Order 2 of 2012, have acquired vested rights thereunder the Standing Order 7 of 2003, which could not be taken away be giving retrospective effect to the Standing Order 2 of 2012.

11. This Court in a judgment delivered therein the case of PLD 2011 Pesh. 120 "Khalid Mahmood v. N-W.F.P. through Chief Secretary" has held as;

"All legislation were to be prospective in the effect and applicability, unless same had been expressed to be otherwise; and that too with the backing of the parent statute

If an instrument or a Notification, would impair or disturb or adversely affect or reduce any benefit or impose a liability or any other way affect the interest or right of a person, it would always be prospective in operation and not retrospective."

12. As, the notification of Standing Order 2 of 2012, issued by the respondents, could not be given retrospective effect, as no such provisions has been provided thereunder in this order itself, the rights, accrued to petitioner by virtue of Standing Order 7 of 2003, made them entitled for all such incentives and, privileges along with all opportunities in this regard shall be enjoyed by them subject to the conditions, if their over all reports as mentioned thereunder Standing Order 7 of 2003, to be of category "A".

13. In view of the reasons given herein above, we admit this writ petition and as such accordingly allow it with direction to the respondents, that petitioners be enlisted for Intermediate Training Course at PTC Hangu, wherever it may be scheduled in the first coming batch and on successful completion of the Intermediate Training Course their names be enlisted in list of "D" of their respective District of appointment. JJK/549/P Petition accepted.