PESHAWAR: Peshawar High Court has directed provincial government not to retire eight personnel of Malakand Levies till decision made by it in the light of an earlier judgment of the court about services of the levies personnel of erstwhile Provincially Administered Tribal Areas (PATA).

A bench consisting of Justice Mohammad Ijaz Khan and Justice Salahuddin Khan disposed of two identical petitions filed by the personnel challenging the respective orders of their retirement from service by the commandant of Malakand Levies.

The petitioners including Dera Wadan, Sultan Khan and six others had requested the court that the impugned retire-ment orders may be declared illegal and they 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.

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

In the earlier judgment the bench had formulated certain points for the said committee to look into including: To identify the distinguishing features between the employment status of the Federal Levies Personnel and the 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 judgment had directed that the matter should be decided within three months, positively.

The bench observed that being a similar matter pertained to the retirement of the petitioners from service of Malakand Levies and the additional advocate general, Haq Nawaz Khan, conceded this fact at the bar, therefore, these petitions were accordingly disposed of in terms of the earlier judgments of the court delivered on Oct 17, 2024.

The bench directed that till then the petitioners should not be retired from service under the garb of an impugned decision taken by the government on Oct 5, 2023, regarding retirement age of the levies personnel, unless the matter was decided by the high powered committee/cabinet as per direction of the court.

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

He pointed out that a meeting was held in the 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 also referred to the earlier judgment of the 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 stated that the matter had been referred to the government regarding future course of action about absorption of the levies personnel in the regular police or otherwise.