Form No: HCJD/C-121

ORDER SHEET.
IN THE ISLAMABAD HIGH COURT, ISLAMABAD.
JUDICIAL DEPARTMENT.

Writ Petition No.4616 of 2022

Hezbullah Khan and others.

VS
Federation of Pakistan, through Ministry of Interior, Islamabad
and 03 others.
S. No. of Date of Order with signature of Judge and that of
order/ order/ parties or counsel where necessary.
proceedings Proceedings
04. 02.03.2023 Mr. Abdul Hameed, Advocate for the
petitioners.
Luqman Ahmed Abbasi, 8171/Constable /
applicant, in person, (in C.M. No.564 of
2023).
Malik Muhammad Iqbal Kallue, learned
Assistant Attorney General.
Muhammad Sultan, Section Officer,
Establishment Division, Islamabad.
Tahir Kazim, Law Officer, CPO / ICT Police.
Muhammad Riaz, DSP (Legal).
Waqas Ali Khan, Section Officer (ICT),
Ministry of Interior.

During the course of arguments, it

transpired that the same matter regarding

general relaxation of five years in upper age

limit of the employees of Islamabad Police

was decided by this Court in Writ Petition

No.1631/2017, titled as “Rashid Ameer v.

Federation of Pakistan, etc.”, wherein it is

categorically mentioned that:-

“Keeping in view the background

and law on the subject referred above, this

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Court is of the considered view that the

process of recruitment of ASI, in which the

petitioner was not granted relaxation in age

by ignoring rule 3 of Initial Appointment to

Civil Posts (Relaxation of Upper Age Limit)

Rules, 1993 as well as office memorandum

of Establishment Division dated 24.06.2010,

Islamabad Police Department has deprived

the petitioner to apply for the post of ASI in

clear cut violation of the rules. Depriving the

petitioner to apply for the post of ASI by

ignoring the relevant rules is also violation of

Article 4 of the Constitution of Islamic

Republic of Pakistan, 1973, which

guarantees equal protection of law and writ

petition was accepted with the direction to

the Islamabad Police to provide upper age

relaxation for the post of ASI as provided in

the aforementioned rules”.

2. In para No.19 of the judgment,

Inspector General of Police Islamabad was

directed to strictly follow office memorandum

of Establishment Division dated 24.06.2010,

regarding relaxation in age in future

recruitments and if any advertisement

-3- Writ Petition No.4616 of 2022

regarding recruitment in Islamabad Police is

made in violation of the said office

memorandum as well as rule 3 of Initial

Appointment to Civil Posts (Relaxation of

Upper Age Limit) Rules, 1993, the same shall

be illegal, hence Secretary Establishment

was directed to convey the said office

memorandum to the Secretary Ministry of

Interior as well as Chief Commissioner,

Islamabad and Inspector General of Police

for ready reference and application of the

rules regarding relaxation in age and

Inspector General of Police made strict

compliance of the judgment and

subsequently the advertisement was

published for recruitment to the post of ASI

in the year 2019, wherein it was mentioned

at serial 8 that according to the instructions

of the Government, the relaxation in Upper

Age Limit for five years will be provided to

the serving employees of Islamabad Police.

It is further mentioned in the said judgment

that due to non-compliance of order dated

21.06.2017, passed in C.M. No.01/2017,

notice was issued to the Inspector General of

 -4- Writ Petition No.4616 of 2022

Police, Islamabad and Assistant Inspector

General Police (Establishment) to explain

that why formal proceedings of contempt of

Court should not be initiated against them.

3. Learned Law Officer, ICT Police,

submits that judgment dated 29.12.2017,

passed by this Court is in field, neither

operation of the said judgment has been

suspended nor the same has been set-aside,

hence Inspector General of Police, Islamabad

and all relevant departments / authorities are

directed to make strict compliance of the

judgment dated 29.12.2017, passed by this

Court in Writ Petition No.1631/2017, in letter

and spirit.

4. In view of above, instant writ

petition is allowed.

(TARIQ MEHMOOD JAHANGIRI)

JUDGE
M. Zaheer Janjua