MUZAFFARABAD, Jan 2: The Azad Jammu and Kashmir High Court has directed the government to adhere to the rule of reciprocity for accepting an officer of an specified rank in the AJK from the federal services.

A bench, comprising Chief Justice Syed Manzoor Hussain Gillani, passed the judgement while accepting a petition of SSP Adalat Khan.

The petitioner prayed that he was placed at NO.1 of the seniority list of the officers eligible for promotion against the vacant post of DIG. But, he alleged, the government wanted to promote respondent Maj Saeed Khan (Rtd), whose number was four on the list, in violation of the AJK Police Service (Composition and Cadre) Rules 1983 and the Deputation Policy of Azad Kashmir issued on Dec 17, 1979. Saeed is an officer of the Police Service of Pakistan (PSP).

A PSP officer, the petitioner contended, could be appointed in Azad Kashmir on deputation only on reciprocal basis, which was possible only when the petitioner or any other officer of the equal rank was promoted and posted against the post of the respondent No.4 in Pakistan.

Counsel for the respondents— the AJK government through chief secretary, IGP, S&GAD secretary and Saeed Khan through S&GAD— stated that the respondent No.4 had been placed at the disposal of the AJK government to be posted against DIG investigation on deputation from the government of Pakistan, for the purpose of reformation in police department.

The counsel also contended that the petitioner was in grade 18 whereas the post of DIG was of grade 20, hence he was not entitled to promotion against the said post.

The learned CJ said it was an admitted fact that the petitioner was on top of the seniority list, and now when a post of DIG had fallen vacant, it was the right of the petitioner and all those who qualified for promotion against the post, to be considered for promotion by an appropriate selection board.

The CJ said the provincial service was basically meant for the police officers of the province. However, if an officer on deputation was to be appointed against any post of provincial police service, the appointment ought to be in accordance with the deputation policy and rules regulating the composition of police service.