IN THE SUPREME COURT OF PAKISTAN 
(REVIEW/ORIGINAL JURISDICTION) 
 
 
PRESENT: 
MR. JUSTICE MIAN SAQIB NISAR, HCJ 
MR. JUSTICE FAISAL ARAB 
MR. JUSTICE IJAZ UL AHSAN 
 
CRIMINAL REVIEW PETITION NO. 207 OF 2016 IN CRIMINAL 
ORIGINAL PETITION NO. 89 OF 2011, CRIMINAL ORIGINAL 
PETITION NO. 62 OF 2016 IN CRIMINAL ORIGINAL PETITION 
NO. 89 OF 2011, CRIMINAL M.A. NO. 1758 OF 2016 IN 
CRIMINAL ORIGINAL PETITION NO. 62 OF 2016, CRIMINAL 
M.A. NO. 86 OF 2017 IN CRIMINAL ORIGINAL PETITION NO. 
62 OF 2016, CRIMINAL M.A. NO. 87 OF 2017 IN CRIMINAL 
ORIGINAL PETITION NO. 62 OF 2016, CRIMINAL M.A. NO. 404 
OF 2017 IN CRIMINAL ORIGINAL PETITION NO. 62 OF 2016, 
CRIMINAL ORIGINAL PETITION NO. 22 OF 2017 IN CRIMINAL 
ORIGINAL PETITION NO. 89 OF 2011, CRIMINAL ORIGINAL 
PETITION NO. 69 OF 2017 IN CRIMINAL ORIGINAL PETITION 
NO. 89 OF 2011 AND CRIMINAL M.A. NO. 1521 OF 2016 IN 
CRIMINAL ORIGINAL PETITION NO. 62 OF 2016 
(To review and against the alleged contempt of this Court’s judgment dated 12.06.2013 
passed in Criminal Original Petition No. 89/2011 etc) 
 
 
Sr. No.  
 Parties’ names 
 Case No.  
 
1. 
 Hamid 
Saeed 
etc 
Vs. 
Government 
of 
Sindh 
through Chief Secretary and 
others 
 Cr. RP 207/2016 in 
Cr.O.P. 89/2011 
 
2. 
  
Khalid Mehmood etc Vs. Syed 
Tahir Shahbaz and others 
  
Cr.O.P. 62/2016 
 
3. 
  
Impleadment application on 
behalf of Shah Nawaz and 
others 
  
Cr.M.A. 1758/2016 
 
4. 
  
Application 
of 
joinder 
by 
Iqbal Ahmed Khan 
  
Cr.M.A. 86/2017 in 
Cr.O.P. 62/2016 
 
5. 
  
Application 
of 
joinder 
by 
Muhammad Asad 
  
Cr.M.A. 87/2017 in 
Cr.O.P. 62/2016 
 
6. 
  
Application for impleadment 
of applicant namely Abdur 
Rauf 
Qureshi, 
DSP/CPO, 
National 
Highways 
and 
Motorway Police 
  
Cr.M.A. 
404/2017 
in Cr.O.P. 62/2016 
 
7. 
  
Rizwan 
Ahmed 
Qazi 
and 
others Vs. Shaukat Hayat 
and another 
  
Cr.O.P. 22/2017 in 
Cr.O.P. 89/2011 
 
  
  
CRIMINAL REVIEW PETITION NO. 207 OF 2016, CRIMINAL ORIGINAL PETITION NO. 62 OF 2016, 
CRIMINAL M.A. NO. 1758 OF 2016, CRIMINAL M.A. NO. 86 OF 2017, CRIMINAL M.A. NO. 87 OF 2017, 
CRIMINAL M.A. NO. 404 OF 2017, CRIMINAL ORIGINAL PETITION NO. 22 OF 2017, CRIMINAL ORIGINAL 
PETITION NO. 69 OF 2017 AND CRIMINAL M.A. NO. 1521 OF 2016  
2
8. 
Syed Khurram Abbas Vs. 
Syed 
Tahir 
Shahbaz 
and 
others 
Cr.O.P. 69/2017 in 
Cr.O.P. 89/2011 
 
9. 
  
Khalid Mehmood and others 
Vs. Syed Tahir Shahbaz and 
others 
  
Cr.M.A. 1521/2016 
in Cr.O.P. 62/2016 
 
 
For the Petitioners: 
Raja Muhammad Ibrahim Satti, Sr. ASC 
 
(In Cr.R.P. 207/2016)  
 
 
 
 
 
 
 
 
 
Mrs. Misbah Gulnar Sharif, ASC 
 
 
 
 
(In Cr.O.P. 62/2016 & Cr.MA 1521/2016) 
 
 
 
 
 
Rai Muhammad Nawaz Khan Kharal, ASC 
 
 
 
 
(In Cr.O.P. 22/2017) 
 
 
 
 
 
Mian Mehmood Hussain, ASC 
 
 
 
 
(In Cr.O.P. 69/2017) 
 
 
 
 
 
Ch. Imran Hassan Ali, ASC 
 
 
 
 
(In Cr.MA 1758/2016) 
 
 
 
 
 
 
 
 
In person 
 
 
 
 
(In Cr.MAs 86, 87, 1016 & 1027/2018) 
 
For the Respondent: 
Ch. Amir Rehman, Addl. Att. General 
 
 
 
 
Mr. M.S. Khattak, AOR  
 
 
 
 
Raja Riffat Mukhtar, DIG, HQ, NH&MP 
Mr. Muhammad Iqbal Ahmed, DSP Legal, 
NH&MP 
 
Date of Hearing:  
05.10.2018 
 
JUDGMENT 
 
CRIMINAL REVIEW PETITION NO. 207/2016, CRIMINAL 
ORIGINAL PETITION NO. 62/2016, CRIMINAL ORIGINAL 
PETITION NO. 22/2017 AND CRIMINAL ORIGINAL PETITION 
NO. 69/2017 
 
 
 
FAISAL ARAB, J.- Petitioners in Criminal Review 
Petition No. 207/2016 were all Sub Inspectors in BPS-14 and were 
performing duties in National Highway and Motorway Police 
(‘NH&MP’) as Patrolling Officers. Originally they were employees of 
different Police departments from all over Pakistan. After the 
creation of the National Highway and Motorway Police, they joined 
it on deputation/transfer basis. Subsequently, they were absorbed 
in the NH&MP. However, in compliance with the judgment of this 
CRIMINAL REVIEW PETITION NO. 207 OF 2016, CRIMINAL ORIGINAL PETITION NO. 62 OF 2016, 
CRIMINAL M.A. NO. 1758 OF 2016, CRIMINAL M.A. NO. 86 OF 2017, CRIMINAL M.A. NO. 87 OF 2017, 
CRIMINAL M.A. NO. 404 OF 2017, CRIMINAL ORIGINAL PETITION NO. 22 OF 2017, CRIMINAL ORIGINAL 
PETITION NO. 69 OF 2017 AND CRIMINAL M.A. NO. 1521 OF 2016  
3
Court reported in the case of contempt proceedings against Chief 
Secretary, 
Sindh 
etc 
(2013 
SCMR 
1752), 
NH&MP 
withdrew/cancelled the absorption/induction of the petitioners in 
its establishment and repatriated them to their respective parent 
departments on the ground that their induction in NH&MP was 
without the recommendations of the Departmental Induction 
Committee. The petitioners had also approached Islamabad High 
Court against the order of NH&MP by filing ICAs wherein stay was 
initially granted but subsequently, in the light of the order passed 
by this Court in Criminal Original Petition No. 31/2016 dated 
10.05.2016, whereby it was observed that the High Court could 
not exercise its jurisdiction in relation to the matters pertaining to 
the terms and conditions of service of civil servants in view of the 
bar contained under Article 212(3) of the Constitution, the said 
ICAs were dismissed. Hence, the petitioners have come before us to 
review the judgment of this Court passed in Criminal Original 
Petition No. 89/2011 etc.  
2. 
 
In Criminal Original Petition No. 22/2017, the 
petitioners 
were 
civil 
employees 
of 
different 
government 
departments. After the inception of NH&MP, they joined it on 
deputation/transfer basis. Subsequently, they were absorbed in 
the NH&MP, however, in compliance with the judgment of this 
Court reported in contempt proceedings against Chief Secretary, 
Sindh etc (2013 SCMR 1752), the NH&MP withdrew the 
absorption/induction of the petitioners in its establishment and 
repatriated them to their parent departments. Hence, they have 
filed this contempt petition on the ground that the respondent 
Authority has misinterpreted the judgment of this Court as it was 
applicable only to the employees of the province of Sindh.  
CRIMINAL REVIEW PETITION NO. 207 OF 2016, CRIMINAL ORIGINAL PETITION NO. 62 OF 2016, 
CRIMINAL M.A. NO. 1758 OF 2016, CRIMINAL M.A. NO. 86 OF 2017, CRIMINAL M.A. NO. 87 OF 2017, 
CRIMINAL M.A. NO. 404 OF 2017, CRIMINAL ORIGINAL PETITION NO. 22 OF 2017, CRIMINAL ORIGINAL 
PETITION NO. 69 OF 2017 AND CRIMINAL M.A. NO. 1521 OF 2016  
4
3. 
 
The case of the petitioners in Criminal Original 
Petitions No. 62/2016 & 69/2017 is that they were directly 
appointed employees of NH&MP; that most of the officials were 
hired from different departments and the petitioners are deprived 
of their legitimate right of seniority and that most of the 
deputationists lacked the requisite qualification and experience. 
According to them this Court in the above said judgment has 
cancelled 
all 
absorptions/appointments 
by 
transfer 
and 
deputations but the department has partially implemented the said 
judgment. Hence, they pray that contempt of court proceedings be 
initiated against the respondent Authority.  
4. 
 
So far as the case of the petitioners in Criminal Review 
Petition No. 207/2016 is concerned, we have perused the 
judgment under review. The respondent Department on the 
recommendation of the Departmental Committee has repatriated 
the petitioners on the ground that their induction was without the 
recommendations of the Departmental Induction Committee, 
which to our mind is unexceptionable. No ground for review is 
made out. Criminal Review Petition No. 207/2016 is accordingly 
dismissed.  
5. 
 
So far as the case of the petitioners in Criminal 
Original Petition Nos. 62/2016 & 69/2017 that they are regular 
employees of NH&MP and the process of absorption of several 
employees is illegal and has affected the seniority of regular 
employees is concerned, it would be appropriate to refer to our 
order dated 16.01.2017 passed in Civil Appeal Nos. 709 to 717 of 
2016 etc in which an almost a similar question was raised. 
Appellants of those appeals, who were working in different Police 
organizations, were initially appointed on deputation basis in 
CRIMINAL REVIEW PETITION NO. 207 OF 2016, CRIMINAL ORIGINAL PETITION NO. 62 OF 2016, 
CRIMINAL M.A. NO. 1758 OF 2016, CRIMINAL M.A. NO. 86 OF 2017, CRIMINAL M.A. NO. 87 OF 2017, 
CRIMINAL M.A. NO. 404 OF 2017, CRIMINAL ORIGINAL PETITION NO. 22 OF 2017, CRIMINAL ORIGINAL 
PETITION NO. 69 OF 2017 AND CRIMINAL M.A. NO. 1521 OF 2016  
5
NH&MP and were subsequently absorbed. However, a dispute 
arose with regard to their seniority which came up to this Court. 
With consent of the parties, it was held as under:- 
3. 
We have called the A.I.G. (HRM), NH&MP, and after 
hearing him and with the consent of the learned Counsel for 
the parties as well as the learned Additional Attorney General 
for Pakistan, intend to dispose of the Appeals in the following 
terms:- 
 
“The seniority of the Police Officials in the NH&MP 
shall be re-fixed. The deputationists (Police Officials) who 
were inducted in NH&MP by extending the benefit of one 
step higher than their substantive rank in the parent 
department, shall be assigned seniority from the date they 
were permanently absorbed in the department by the 
notification issued by the competent authority and their 
seniority shall be placed at the bottom. The one step 
promotion cannot be equated as out of turn promotion in 
terms of judgments of this Court reported as Contempt 
Proceedings against Chief Secretary Sindh (2013 SCMR 
1752) and Ali Azhar Khan Baloch Vs. Province of Sindh 
(2015 SCMR 456). In fact the principles which this Court has 
enunciated in the case of Ch. Muhammad Akram Vs. The 
Registrar, Islamabad High Court, Islamabad (PLD 2016 SC 
961), would be attracted in the case in hand where the issue 
of the nature was dealt with by this Court. The seniority of 
all the Police Officials shall be finalized in the above terms 
from the date when they were permanently absorbed in the 
department, placing them at the bottom of seniority as 
concluded hereinabove.” 
 
6. 
 
The above order is very much clear regarding 
inasmuch as the seniority of all deputationists who are 
subsequently absorbed and have not been repatriated shall be 
placed at the bottom. In view of the above order, Criminal Original 
Petition 
Nos. 
.
Petition 
Nos. 
Petition 
Nos. 
CRIMINAL REVIEW PETITION NO. 207 OF 2016, CRIMINAL ORIGINAL PETITION NO. 62 OF 2016, 
CRIMINAL M.A. NO. 1758 OF 2016, CRIMINAL M.A. NO. 86 OF 2017, CRIMINAL M.A. NO. 87 OF 2017, 
CRIMINAL M.A. NO. 404 OF 2017, CRIMINAL ORIGINAL PETITION NO. 22 OF 2017, CRIMINAL ORIGINAL 
PETITION NO. 69 OF 2017 AND CRIMINAL M.A. NO. 1521 OF 2016  
6
order of this Court is very much clear and it will include all those 
employees also who were originally inducted in NH&MP from BPS-
1 to BPS-7 but later promoted to higher scales. The respondent 
Department is directed to strictly follow this principle. So far as the 
plea that judgment of this Court passed in Criminal Original 
Petition No. 89/2011 etc was only meant for civil servants of the 
province of Sindh is concerned, suffice it is to state that in the said 
judgment this Court has settled the fate of all employees who were 
sent on deputation, therefore, this principle can be uniformly 
applied in similar cases as well in rest of the provinces as well. 
With the above observations, this contempt petition is disposed of. 
 
CRIMINAL 
M.A. 
NOs. 
1758/2016, 
86/2017, 
87/2017, 
404/2017 & 1521/2016 
 
8. 
 
In view of the order passed in the connected Criminal 
Review Petition No. 207/2016, Criminal Original Petition Nos. 
62/2016, 22/2017 and 69/2017, these miscellaneous applications 
have become infructuous and are disposed of accordingly.  
 
 
 
 
CHIEF JUSTICE 
JUDGE 
JUDGE 
Islamabad, the 
5th of October, 2018 
Not Approved For Reporting 
Khurram 
