PESHAWAR: Peshawar High Court has declared illegal the decision of Khyber Pakhtunkhwa provincial police officer (PPO) to reverse upgradation of around 160 computer operators of police department in 2023.

A bench consisting of Justice Ijaz Anwar and Justice Wiqar Ahmad accepted multiple petitions filed by the aggrieved computer operators, who challenged the June 23, 2023, order of PPO. It announced a short order, whereas detailed judgment will be released later on.

The petitioners had requested the court to declare the actions of respondents including the provincial government and PPO and the impugned order of PPO of June 23, 2023, as illegal. They had sought directives of the court for respondents not to interfere into upgradation of petitioners as the same was past and closed transaction.

The court had in 2023 issued a stay order, directing the respondents not to act upon the impugned order of PPO. In the impugned order, the PPO had maintained that the said constables/computer operators previously upgraded had been found devoid of law/upgradation policy/apex court judgements.

Petitioners justify their absorption in IT cadre of police dept

It was added that their upgradation to the post of computer operators (BPS-16) was a clear violation of law, hence they should be repatriated back to their original positions and their seniority should be re-fixed with their batch mates.

The PPO had recommended to home department that the notification of their upgradation issued in Oct 2017, may be withdrawn.

A panel of lawyers including Khalid Rahman, Fazl Shah Mohmand, Khushdil Khan, Nasir Naeem, Mohammad Javed Khan and others represented the petitioners.

Mr Rahman argued that the petitioners, who were working in IT branch of police department, were properly given upgradation through a proper order by the competent authority and after lapse of six years. Through the impugned order, the respondents including the PPO had recommended withdrawal of the said upgradation, he added.

He stated that the said act was not only against the vested rights of petitioners but also contrary to law. He explained the history behind the formation of IT branch of police and the upgradation of petitioners.

He stated that initially while there was no regular computer cell in the department, several of the petitioners had been appointed as computer operators in 1993. He added that afterward, the computer cell was fully operational and several inductions were also made of constable computer operators against available vacant posts in the cell.

The lawyer said that in 2014 police department/IT group service structure was formulated and posts were sanctioned under the IT cadre. He stated, however, due to creation of the IT cadre and appointments made thereunder, the promotion of the existing computer staff was stopped.

Mr Rahman said that over applications submitted by several of the petitioners to the then IGP, requesting for their induction in the IT Cadre, they were absorbed in that cadre.

He said that the provincial government in the light of an earlier judgement of Supreme Court upgraded and re-designated the post of computer operators and data processing supervisors as computer operators (BPS-16) through a notification on July 29, 2016.

Consequently, the counsel stated, through a notification on Oct 11, 2018, the government ordered upgradation of total 83 employees and re-designated them as computer operators. Subsequently, several other petitioners had also been absorbed.

He referred to earlier judgements of superior courts in the issue, stating that home department on June 5, 2023, authorised the PPO to review the whole matter including the case of upgradation of the petitioners along with other cases.

Subsequently, he said, the PPO issued the impugned order wherein he mentioned that petitioners’ initial appointment was in the executive cadre and their absorption in IT cadre was illegal as IT was a separate cadre having its own KP Police (Information Technology Services) Rules, 2014.

Published in Dawn, January 23rd, 2026