PESHAWAR: Peshawar High Court stopped provincial government from retiring 78 personnel of Malakand Levies till decision made by it in the light of an earlier judgement of the court about services of Levies personnel in former Provincially Administered Tribal Areas (Pata)

A bench consisting of Justice Sabitullah Khan Khalil and Justice Qazi Jawad Ehsanullah disposed of two almost identical petitions, challenging retirement of six of the 78 petitioners through different orders on Nov 21, 2024, by Malakand deputy commissioner, being the commandant of Levies, and expected retirement of remaining petitioners.

The bench observed that in an earlier judgement delivered on Oct 17, 2024, the court had given certain directives to government including formation of a high powered committee to look into the grievances of the then petitioners.

The bench observed that the instant petitions were disposed of in terms of that earlier judgement and till then the respondents including provincial home secretary and the commandant of Levies, should not retire the petitioners unless the matter was decided by the high-powered committee/cabinet as per the directions of the court.

Disposes of their petitions in light of earlier judgement on their retirement age

The bench also suspended operation of the impugned orders issued on Oct 21, 2024, of retiring six of the petitioners, by the commandant (DC).

The petitioners including Yaqoob Khan, Mohammad Saleem and others had requested the court that they should be held entitled to complete their service till 60 years of age as regular civil servants. Presently, a sepoy of Malakand Levies has to retire at the age of 45.

In the earlier judgement, the bench had formulated certain points for the said committee to look into.

The points include to identify distinguishing features between the employment status of Federal Levies Personnel and Pata Levies Personnel and whether by not absorbing the latter in regular police, Article 4 read with Article 25 of the Constitution has not been violated; the defunct Fata was more volatile than the defunct Pata, so what are the compelling factors for not considering Pata Levies personnel for their absorption into regular police; whether promulgation of the Constitution (Twenty-fifth Amendment) Act, the petitioners can still be governed under the Pata Levies Force Regulations 2012 and not bringing them into the mainstream is against the intent of the said amendment, etc.

The court in earlier judgement had directed that the matter should be decided within three months, positively. However, the matter continued to linger on.

Barrister Dr Adnan Khan appeared for the petitioners and contended that relevant rules were amended on numerous occasions whereby the retirement age in respect of the members of Levies force was significantly reduced from previously enhanced age of 60 years.

He pointed out that a meeting was held in home and tribal affairs department on Oct 5, 2023, wherein it was decided that the petitioners of some earlier cases and those reaching the age of 45 years should be retired under amended Levies rules.

He stated that his clients apprehended that they would be retried in the garb of the said decision of 2023.

He also referred to the earlier judgement of high court, stating that the court had directed the government to constitute a high powered committee for resolving the matter or placing the matter before the provincial cabinet.

He said that the matter had been referred to the government regarding future course of action about absorption of Levies personnel in regular police or otherwise.

Published in Dawn, June 11th, 2025